Five Years of Poland in The European Union PDF

Publisher:
Copyright Warsaw 2009 by the Office of the Committee

for European Integration
Prepared in:
Departament of Analyses and Strategies
Office of the Committee for European Integration
Al. J. Ch. Szucha 23, 00-580 Warsaw, Poland
www.ukie.gov.pl
Editorial team:
Magorzata Kauyska, Ph.D. Katarzyna Smyk, Ph.D. Jakub Winiewski
Translators:
Centrum jzykowe IDEA, Jarosaw Brzeziski (UKIE/DA)
Printing:
Kra-Box; Drukarnia offsetowa & introligatornia
ul. Mrwcza 94b, 04-762 Warsaw
www.kra-box.pl
DTP:
EDIT; Drukarnia, studio DTP
ul. Kostrzewskiego 1, 00-768 Warsaw
www.edit.net.pl
Layout, cover design:
Mariusz Antosik
The satirical drawing Schabowy z kapusta appears courtesy

of Zbigniew Jujka. The promotional poster of the Polish plumber
appears courtesy of Piotr Adamski. We are also grateful to other people
and organisations for sharing their works with us.
ISBN 978-83-7567-044-8
table of contents
6
14
Introduction
Executive summary
The economic dimension of Polands membership in the EU

Macroeconomic perspective

Transport infrastructure
Air Transport
Energy
Environment
33
70
100
117
134
151
169
185
200
Agriculture and fisheries
Small and medium-sized enterprises

Innovation
Financial flows
The social dimension of Polands membership in the EU

Social perspective
Labour market and migration
Accession to Schengen and internal security

Culture and tourism
Education and sport
Consumer protection and public health
Social perception of the Polish membership of the EU
219
239
263
282
296
312
335
The political dimension of Polands membership in the EU

Political perspective
Poland and Eastern neighbours
Regional cooperation
Poland in the globalised world
Managing the Polish European policy
Implementation and application of EU law
Strengthening public administration: from beneficiary to donor of assistance
Closing remarks. Would it be easier to endure through the crisis

outside the EU?
References
List of acronyms
351
375
389
402
430
459
510
530
522
578
Introduction
On 1 May 2004 Poland acceded to the European Union (EU). Fifteen years of
efforts preceded by the systemic transformation of 1989 came to an end. During this
time, Poland was obliged to pass all required stages of the accession procedure initiated
by the submission of the membership application in April 1994. Membership conditions
were defined during the accession negotiations, which were opened in March 1998. The
negotiations were ultimately finalized with the signing of the Treaty of Accession in
April 2003. At the same time Poland engaged in extensive harmonization in order to
fulfill membership criteria. The historic decision in favour of Polands accession to the
EU expressed by the society in the accession referendum on 78 June 2003 sealed the
decision of the Polish authorities. Poland acceded to the EU together with 9 other countries, mostly from the region of Central and Eastern Europe. The accession of Bulgaria
and Romania on the 1 January 2007 completed the enlargement of 2004.
Despite the long-lasting preparations on the part of the government and the state
administration, undertakings and the society, Polands accession to the European Union
was in many respects a step into unknown territory. It was difficult to foresee what the
arduously negotiated conditions of Polands membership in the European Union might
bring in practice. Many and frequently contradictory- forecasts were formulated before 2004 regarding the expected impact of the EU on distinct spheres of economic and
social life in Poland. Five years later, many doubts have been dispelled. Forecasts formulated during the accession have been verified by daily realities. Today we are able to
measure, analyse and evaluate the phenomena that were subject to predictions, estimates
and speculations only a few years ago. Economists are able to provide data depicting of
the evolution of the Polish economy after the accession. Political scientists follow closely
the activity of Polish representatives at EU forums. Lawyers focus their attention on the
consequences of the introduction of the acquis communautaire into Polish legal order.

Introduction
And finally public opinion polls provide crucial information on how the European integration process is perceived by citizens.
This publication attempts to bundle these developments in a single, coherent
and comprehensive picture of Poland in the European Union. It should be noted that
chapters comprised in this report differ not only in terms of the issues they discuss, but
also in the way that the latter are presented and in the methodology applied. Such a lose
approach, taking into account the complexity of the topic and multitude of its facets, was
an intended purpose of the authors. At the same time, it should be borne in mind that
each chapter is meant to be an inspiration for reflection on the EUs impact on a different
area of public life in Poland. Rather than providing readers with facts, information and
data, the report attempts at their analysis and interpretation. Faced with the challenge
of addressing so many facets in a single publication, authors were often forced to present
the discussed phenomena selectively, highlighting the areas of economic and social life
where, in their opinion, the EUs impact had been most significant.
The report was written with the Reader in mind, who does not deal with the subject of the European integration on a daily basis. The authors have attempted to present
the complex, and frequently highly specialized issues in a plain and friendly manner
for persons not used to reading governmental strategic documents. The report focuses
on a viewpoint of the common citizen, fulfilling a specific social role that of an entrepreneur, taxpayer, consumer, voter, patient, or a migrant worker. In this manner the
impact of the EU on the economy, society or states legal and institutional order assume
the shape of real changes felt in everyday life instead of remaining abstract processes and
phenomena.
The authors of this publication believe that describing the recent five years has an
enormous cognitive potential. This concerns not only the historical context explaining
past events, presenting the inner history of meetings at the diplomatic level, or identifying membership effects in individual spheres of public life. Assuming that Polands
membership in the EU is an ongoing process, drawing conclusions from the past may,
and should, translate into an advantage for Poland s membership in the years to come.
Most chapters contain an element of forecast concerning the prospects for the
forthcoming years. They formulate postulates and recommendations for public institutions. Frequently, the processes and trends taking place in Poland are presented against
the background of processes taking place in new member states, or more broadly speaking in other EU states.

Introduction
The report refers to the years 20042009, during which Poland became active as
a full-fledged EU member. In order to lend proper context to the subject at hand, authors
of individual chapters nevertheless frequently refer to the pre-accession period, when
accession negotiations were carried out and changes were introduced into Polish law,
preparing it for the forthcoming accession.
Works on the report were completed in February 2009. It follows that not all
statistical data was available for the most recent events and processes concerning the
fifth year of Polands membership in the EU. In early 2009, it was difficult to foresee the
developments in many areas of Polands European policy, e.g. those ensuing from the
advancing economic crisis.
The report is composed of three parts relating to particular dimensions of the
membership the economic, social and political dimensions. An introductory chapter
precedes each set of analyses for every dimension and is meant to serveas a synthesis of
the findings presented in the individual chapters of the report.
The part devoted to the economic dimension of the EU membership discusses
the impact of Polands integration with the EU in terms of GDP growth, trade balance,
inflation, the financial sector, FDIs and other macroeconomic variables. The chapter
concerning agriculture addresses issues relating to Polands participation in the reform
and deployment of CAP and modernisation of Polish rural areas, connected with direct
payments to agricultural production. This chapter also discusses such issues as turnover of agrarian land, the standing of the food industry, or trade in agricultural products
with other EU member states. It also analyses the impact of the CFP on the situation of
the Polish fishing sector. The following chapter concerns transportation infrastructure.
Discussion of this topic focuses in particular on investments co-financed from the EU
budget. Moreover, it describes the changing determinant factors of the road and railway
infrastructure (as well as, to a lesser extent, of sea infrastructure), particularly in the
context of demand for haulage of persons and goods. Air transportation is covered in
a separate chapter, which discusses the phenomenon of universalization of air services.
It explains briefly the impact of the so-called liberalization package on the emergence of
low-cost carriers and the ensuing lowering of the costs of air travel.
The chapter concerning the energy sector addresses gas and electricity market
reforms resulting from Polands accession to the EU. It also discusses challenges relating
to security and energy infrastructure. The accession also entailed the introduction of
high standards of environmental protection. The chapter devoted to this issue focuses

Introduction
on the costs of this process, particularly as perceived by entrepreneurs. By referencing

issues of air protection, water supply and sewage and waste management, the chapter
analyses the scope and nature of changes in legal and institutional structures as well as
environmental protection infrastructures. It is a well-known fact that SMEs, constituting
approximately 99% of all entities pursuing economic activity, play a particular role in the
Polish economy. The chapter devoted to this issue allows to better understand how well
Polish businesses and Polish entrepreneurs were able to compete in the internal market
comprising 450 million consumers. Moreover, it sheds light on how much co-financing
Polish businesses have received from structural funds. The chapter devoted to innovation addresses a related topic, also concerning Polish initiatives and undertakings. It describes the efforts made by the Polish administration and private sector with the objective
of creating a knowledge-based economy. It illustrates the opportunities and challenges
created for the Polish innovation by Polands membership in the EU. A chapter concerning financial flows concludes the macro-economic part of the report. It compares and
balances the funding obtained from the EU budget with the membership contribution
paid by Poland to the EU budget.
Polands accession to the European Union was not only a political and economic
but also a social event. More than 38 million Polish citizens obtained formal European
citizenship, which provided them with a new, broader point of reference. The part devoted to the social dimension of membership focuses on daily life of Poles. It discusses the
impact of European integration on individual spheres of life, such as work and economic
relations, education or leisure. Moreover, it addresses the question of how state authorities have fulfilled their role as a guarantor of rights social, civil or consumer ones. It also
elaborates on the issue of EUs impact on the Polish society understood as a whole its
socio-economic cohesion and national identity. A separate chapter concerns the changes on the Polish labour market and employment migrations of Poles. It discusses basic
labour market indicators, such as employment, unemployment or occupational activity. It also explains the interrelation between the situation on the Polish labour market
and economic migration. Furthermore, the analysis discusses the costs and benefits for
the economy and the society following from a greater cross-border mobility of Poles.
The following chapter addresses the topic of internal security and Polands accession to
Schengen. It describes the consequences for citizens of Polands accession to the Schengen area, including the protection of internal and external borders (with due account
of the effects of implementation of a common visa and asylum policy). It also discusses
10
Introduction
initiatives undertaken in the area of police cooperation, the fight against terrorism, organised crime or the functioning of customs services within the EU. Moreover, it presents
and evaluates achievements of the authorities in the area of justice, with due account of
the judicial cooperation in civil and commercial matters, as well as the cooperation in
criminal matters.
The chapter concerning education and sport addresses the issues that are covered
by the EU competence only to a limited extent, remaining at the member states discretion. At the same time, the free movement generated by the interest in receiving education or practicing a sport has not been without impact on Polish systems of education and
sport. A separate issue is the participation of Polish citizens in Community educational
programmes and in investments in sport and school infrastructures in Poland co-financed from EU budget. The following chapter concerns the topics of culture and tourism.
It addresses the important topic of the spiritual dimension of the European integration,
where the EU fulfils the role of an institution supporting the cultural heritage of Europe.
Moreover, the chapter describes measurable effects of Polands membership in the EU
concerning Union investments in the area of tourism and broadly understood culture.
The chapter devoted to protection of consumers and public health readdresses the topic
of security by providing an answer to the question of how many new rights have been
acquired by consumers and patients after 1 May 2004. It describes the relationship between acts of the acquis communautaire and decisions made at the European level on the
one hand and e.g. lower charges for international mobile connections on the other. The
part concerning the social dimension is concluded with a chapter discussing the support
for the membership among Poles. It seeks out dominant trends and variables determining the approval of or prejudice towards the EU. The analysis also covers the dynamics
of the perceived benefits and costs, considered by the public opinion as consequences
of accession. Another issue addressed in the chapter is the perception of the Union as
compared with other member states (particularly those acceding to the EU jointly with
Poland). It also describes the differences and similarities in the assessments of approval
for the EU among all of its citizens by quoting international research.
The part concerning political dimension of the European integration starts with
a chapter devoted to the analysis of the role of Poland at the EU forum. It presents the
political perspective of the EU enlargement of 2004, by referencing the general and comprehensive changes caused in the European Union by the enlargement process from the
viewpoint of political agenda, priorities and further lines of development of the Europe-
10
11
Introduction
an integration. Moreover, the chapter discusses the impact of enlargement on the decision-making process and the functioning of the European institutions. Additionally, the
chapter presents priority areas of Polands activities at the Union forum as important denominators of how its role is defined within the European Union. The following chapter,
concerning the cooperation with its neighbours to the east details the efforts made by
Poland regarding the intensification of economic, social and political relations with countries located in the eastern part of Europe. The chapter Regional cooperation covers
the groupings operating in the region with active participation of Poland: the Vysegrad
Group, the Central European Initiative and the Council of Baltic Sea States. It relates the
transformations that took place within the aforementioned organisations in connection
to the EU enlargement. The text also addresses the impact of Polands participation in
those organisations on the ability to realize the priorities of Polands European policy.
The chapter Poland in the globalised world addresses the changes in relations
with third countries and in the Polands role at the forum of such international organisations as the UN and others. It also discusses Polands participation in the drafting and
implementation of the EU Common Foreign and Security Policy. The following chapter
concerns the broadly understood membership process management. It does so by presenting the functioning of the European policy coordination system and discussing preparations for Polands first presidency in the EU in 2011. A discussion on the implementation and application of the acquis communautaire is of importance from the viewpoint
of the public administration. The analysis helps understand to what degree Poland was
able to meet the obligation to transpose acts of the acquis communautaire into the Polish
legal order. The part concerning the political dimension of Polands membership in the
EU is concluded with a chapter relating to the role of the EU in strengthening the Polish
administrative capacity.
The publication was prepared by the Department of Analyses and Strategies of
the Office of the Committee for European Integration (UKIE) in cooperation with other
departments (the European Union Law Department, the Integration Policy Department,
the Department for Coordination of Preparation and Operation of Polish Presidency of
the European Union Council, the Department for Institution Building Programmes and
the National Aid Coordinator Department). It is a follow-up and in a way a crowning
of the partial reports recapitulating Polands membership in the EU that were prepared
by UKIE in previous years. The report uses UKIEs own data and information obtained
from ministries and central government offices responsible for a given subject and re-
11
12
Introduction
sponsible for the realization of particular aspects of the European policy of Poland. The
authors thus wish to thank in particular the following ministries and central government
offices for their valuable support and contribution into works on the report: the Chancellery of the Prime Minister, the Ministry of Finance, the Ministry of Economy, the
Ministry of National Defence, the Ministry of Labour and Social Policy, the Ministry of
Agriculture and Rural Development, the Ministry of Regional Development, the Ministry of Sport and Tourism, the Ministry of Interior and Administration, the Ministry of
Foreign Affairs, the Ministry of Justice, the Ministry of Environment, the Ministry of
Infrastructure, the General Directorate for National Roads and Motorways, the Financial
Supervision Commission, the National Bank of Poland, the National Health Fund, the
Polish Agency for Enterprise Development, the Office for Foreigners, the National Headquarters of Border Guards, the Police National Headquarters, the Civil Aviation Authority, the Polish Air Navigation Services Agency, as well as the Office for Competition
and Consumer Protection.
Finally, the role of external experts should not be forgotten. Their analyses and
comments contributed to an even more substantive and in-depth character of the report.
A detailed list of expert opinions contracted in connection with the works on the report
is contained in the bibliography.
12
14
Executive summary
l
14
In February 2009, 75% of surveyed Poles supported Poland's membership in the

European Union (EU). Despite slight fluctuations in social moods during the recent 5 years, the approval for Poland's membership in the EU has consistently
and regularly gone up. This support was a direct response to the benefits gained
through accession. The most frequently perceived changes concerned the freedom of movement, the opportunity to take up employment and education in
other countries, the amelioration of the situation in the agricultural sector and
for the Polish economy in general, the improved situation on the domestic labour
market, and the role of Poland on the international arena. Elderly people, disability pensioners and farmers have shown the least enthusiastic attitude towards
the EU. At the same time, a growth can be noted in the number of supporters
of Poland's membership in the EU among the said social groups as compared to
2004. Managerial staff and students have been consistently the greatest enthusiasts of the EU during those 5 years.
The emerging consequences of Poland's accession to the EU vary in terms of
scale, nature and the area of interest. Most of the enlargement effects have been
recorded in the area of economic cooperation with EU Member States the
result of Polands adoption of uniform rules binding on the EU internal market.
Furthermore, many significant changes have also been recorded in agriculture,
due to extensive progress of the European integration process under the Common Agricultural Policy (CAP). On the other hand, in such areas as health care,
culture or education, changes were indirect and arose from the availability of
structural funds in a given area. It may be thus argued that membership effects
depend on the specific nature of a given area and should be assessed from this
perspective.
15
Executive summary
Poland has embraced the opportunity for economic development arising from
the membership in the EU, while building her economy on sound foundations
and rational macroeconomic policy. The dynamics of the present crisis make it
difficult to offer reliable economic forecasts for 2009. However, analyses of the
opinions of economists and institutions forecasting economic development indicate that Poland continues to be listed among the very small group of European
states that stand the chance of avoiding a GDP decline in 2009 and are considered
as most competitive economies of the European Union: according to the Lisbon
Council and the Allianz report European Growth and Jobs Monitor 2009, the Polish economy remains the second (right after Finland) most competitive EU economy for the second year in a row.
The EU membership proved to be a buffer protecting against shock waves in the
world economy. As a member of the EU internal market, Poland is largely protected against protectionist trends emerging in the world in connection with the
financial and economic crisis. The financing by structural funds, the EU Cohesion
Fund, and the CAP play an additional protective role in Poland, and are expected
to be of significant support for economic growth in the future.
Poland gained access to the European assistance and stabilisation funds. Thus,
Poland may count not only on the aid from the International Monetary Fund
during a crisis, but also on the support from European financial institutions and
on solidary support from other member states. Poland currently does not need
to request such type of assistance and there are no reasons to believe it will need
to do so in the future. However, the very awareness that such support can be
requested, is an additional insurance policy. Decisions of the European Council
of March 2009 are a good example. Heads of EU states and governments decided
at this occasion to double the assistance fund for new member states remaining
outside of the euro zone, raising its budget to EUR 50 billion.
Poland's accession to the EU should be assessed by taking into account its longterm effects, which is when the greatest benefits from EU membership are to be
attained. The short-term nature of the current crisis should not obscure the achievements of the five years of the EU membership. Ex-ante estimates of 2001 forecast
additional growth in new member states at the level of 1.32.1% annually until
2009. According to ex-post assessments, the period 20002008 brought an average
annual economic growth increase in new member states of approximately 1.75%.
15
16
Executive summary
16
The EU membership significantly contributed to the increase in economic growth rate in Poland. After the accession, the economic growth was driven by
consumption and investment demand, and the highest GDP growth of 6.6% was
attained in 2007. This corroborated pre-accession forecasts regarding the beneficial impact of accession on economic growth related inter alia to the increased
foreign trade and investments, as well as to the transfers from the EU budget. On
top of that, the GDP per capita in Poland rose from 43% of EU-15 average in 2003
to almost 51% in 2008. The labour productivity indicator in Poland went up from
PLN 31.21 per hour worked to PLN 41.57 in the same period.
Improvement can also be noted on the labour market. The economic boom, partly the result of the accession to the EU, has led to employment growth and unemployment decline. In the first six months of 2007, 15 million persons on average
claimed to hold jobs which constituted a 9% growth compared to 2002. As a consequence of the world economic crisis, the number of working persons in Poland
ceased to grow beginning from 2009. In early 2009, due to the economic crisis,
the rising unemployment rate became the major problem on the Polish labour
market. Structural funds have been among key instruments preventing adverse
outcomes of tensions on the labour market. To this end, a minimum of PLN 16.8
billion were announced to be expended by the end of 2009. Among other things,
of the funding available for innovative investments of large companies is to be
increased (to PLN 2.5 billion at the end of 2009).
Some changes on the Polish labour market in the years 20042009 have been
related to non-Union factors, such as the demographic change or global business
outlook. Poland's accession to the EU (particularly the resulting emigration) exposed certain inherent problems of the Polish labour market. Labour resources
were structurally unmatched to the labour demand as a result of inadequate occupational education and training policy in the past. Despite the large numbers
of the unemployed, surpluses of the labour force are rather scarce and shortages
have emerged in certain economy sectors.
The years 20042007 marked an unprecedented growth in the scale of mobility
among Poles. During this period, the number of persons taking up employment
in EU countries rose from approximately 1 million to 2.3 million. The largest
number of Poles worked in the United Kingdom, Germany, Ireland, the Netherlands, and in Italy. In 2007 the emigration wave began to stabilise at the level of
17
Executive summary
320 thousand persons per annum. In 20082009 not only did Poland's emigration
wave weaken; moreover, Poles began returning home in growing numbers. This
development concerned Ireland and the United Kingdom in particular. Making
social and occupational integration easier to compatriots returning to Poland has
become a test for Poland's immigration policy.
Contrary to what was generally believed, the impact of migration on labour market indicators was only moderate. However, the fact that large volumes of Poles
left for abroad had far-reaching consequences for the structure of the Polish labour market and for the social cohesion. The said consequences were manifested
through such diversified developments as salary pressure, new models of occupational careers or improvement of the income situation of Polish families.
Transfers from the EU were an important factor of Poland's economic growth in
the years 20042009 and its prospects for the future. Between 1 May 2004 and
31 December 2008 those transfers amounted to EUR 26.5 billion. At the same
time Poland paid EUR 12.5 billion in contributions to the EU budget. Hence the
positive balance of financial flows with the EU reached EUR 14 billion after five
years of membership.
Owing to her membership in the EU, Poland was given the opportunity to avail herself of the cohesion policy financing (structural funds and the Cohesion
Fund). In the years 20042006 the said financing amounted to approximately
EUR 12 billion approximately EUR 68 billion is to be committed for Poland in
the years 20072013. The cohesion policy financing was allocated to projects in
the area of transport infrastructure, environmental protection, support to SMEs,
and occupational activation of the unemployed.
The absorption of the cohesion policy financing in the period 20042006 reached approximately 92.4% for structural funds and approximately 51% for the
Cohesion Fund, as of the end of January 2009. Problems regarding the absorption of financing from the Cohesion Fund in the years 20042006 were caused
mainly by obstacles in the deployment of infrastructure investments related to
the implementation of the environmental protection acquis and to the public
procurements procedure. On the other hand, the delays in spending for the years
20072013 followed among others from the protracting negotiations at the EU
level as regards the size and breakdown of the EU budget for those years. Therefore, the launching of projects failed to take place in early 2007 and the volume
17
18
Executive summary
18
of the absorbed funding remains relatively low. Nevertheless, it must be stressed

that the system works quite efficiently and a significant absorption rate growth
is to be expected soon, even more so considering that a procedure-simplification
programme has been developed in view of the economic crisis.
The rise in the FDI (Foreign Direct Investments) inflow to Poland has been an indirect effect of the accession to the EU. It correlated with the growth in Poland's
credibility, macroeconomic stability, and investment attractiveness. The FDI inflow to Poland reached a record value of EUR 16.6 billion in 2007, exceeding
the threshold of 5% GDP in this year. As a consequence, the FDIs have become
an important factor contributing to the growth in Poland and improving competitiveness of the Polish economy. According to the preliminary data from the
National Bank of Poland, EUR 1.47 billion of FDIs flowed into Poland in January
2009. This marks a 35% growth compared to the same time frame of the previous
year during which FDIs amounted to EUR 1.092 billion.
The accession to the EU had a significant impact on Poland's trade. Since the accession, the trade volume grew on the average by approximately 18.7% annually.
Since the accession to the EU, the trade balance has deteriorated (from EUR 11.8
billion in 2004 to EUR 25 billion in 2008), e.g. owing to the improvements in
Polish financial situation. At the same time, the FDI inflow helped improve trade
structures regarding highly-processed goods. New member states and developing
countries have gradually gained in importance as Polands trade partners.
The EU membership has hardly had any impact on the level of inflation in Poland. Admittedly, in the first months after the accession, a relatively large, oneoff inflation growth to the level of 4.6% could be noted, following mainly from
the introduction of new indirect tax rates and an increase in foreign demand. In
the years 20052007, the annual price indicators in Poland fell below 3%. In 2008
the annual inflation rate exceeded 4%; however inflation began to drop in the last
months of 2008. Price fluctuations were caused mainly by developments of global nature (including energy and food price fluctuations) and were unrelated to
the EU membership. Finally, domestic developments also influenced the level of
inflation, including the post-accession growth translating into higher consumption levels, which entailed inflation pressure.
Poland's accession to the European Union lent more impact to changes in rural
areas. The CAP instruments had a positive impact on profitability of agricul-
19
Executive summary
tural production and improved the financial situation of farmers. In 2008, the
average income of persons employed in agriculture in Poland was 90% higher
than the level recorded in 2000. Higher income in the sector, however, does
not mean that the same positive accession effects have been noted for each
farm. Although very small farms enjoyed the highest growth of incomes in
relative terms, their level continues to depart significantly from the average
income earned in urban areas and does not secure funding for investments in
the development of a farm. Rural development policy accelerated the process
of modernization of the agricultural sector and the diversification of income
sources in rural areas.
The accession changed the supply and demand conditions on individual agricultural markets. The global agricultural output in 2007 was higher by as much
as 46% as compared to 2000. The gross added value of agricultural production
increased during that period by almost PLN 10 billion (from PLN 17.7 billion to
PLN 27.2 billion).
The improved conditions for agricultural activity and direct payment system per
hectare of land have translated into high growth of agricultural land prices. In
2008, the price of one hectare of arable land was 140% higher in transactions between farmers than in 2003. In the same period, prices per one hectare of arable
land sold by the Agricultural Property Agency went up by 230%. The widespread
fear during the pre-accession period that real estates would be bought out on
a mass scale by foreigners failed to materialize, however. Interest in purchasing
both agricultural land and woodland, as well as the so-called second residence,
did not go up significantly.
The lifting of trade barriers between Poland and the EU proved the high price
competitiveness of domestic agricultural and food products. Poland has had a positive balance in foreign trade of those goods since the accession. In the years
20032007 export rose by 250% while import went up by approximately 125%.
Other EU countries grew in importance as trade partners of Poland. In 2003 almost two thirds of all agri-food export were directed to countries of the present
EU-27. Four years later this share exceeded 80%.
Regarding fisheries, Poland was subject to the rules for the protection of fish
resources in the Baltic Sea and thus to the ensuing requirement to adjust the catching potential of the fishing fleet to state of the resources. To this end, Poland
19
20
Executive summary
20
reduced 40% of its fleet under the programme of the vessels scrapping in the
years 20042006, and a further reduction by 30% is envisaged by 2013.
Dynamic growth can be also noted in the case of exports of fish products, with
member states being the main destination (90% of deliveries). The value of fish
product export rose by 40% and amounted to USD 442 million immediately after
accession of 2004, reaching as high as USD 923 million in 2007. Import has also
grown, owing largely to the high demand for fish as raw material for the processing sector. Opening to Community markets contributed to an unprecedented
development of the fish processing sector, which recorded a doubling of income
in 2008 as compared to 2003.
Owing to the EUs financial aid road transport has been developing dynamically in Poland. Many important motorway investments have been deployed,
including the A2 motorway section KoninStrykw, of A4 motorway sections
KleszczwSonica, LegnicaWrocaw and the A6 motorway section KluczKijewo. The Union support also covered the construction and modernisation of
express roads, including the S1 section Bielsko-BiaaCieszyn, S7 section BiaobrzegiJedlisk, the S22 section ElblgGrzechotki and several ring roads, including those of Grjec, Hrebenne, Mszczonowo, Otmuchw, Puawy (jointly with
a new bridge across the Vistula), Wyszkw, aga and ary. Financing from
EU funding has also covered the deployment of several road projects of regional
and local character. The railway transport also benefited from the EU funds. The
modernisation covered e.g. a fragment of railway line connecting Warsaw with
d and sections of the railway lines E20 Rzepinstate border and Misk MazowieckiSiedlce. Construction of the last section of the first line of the Warsaw
subway was also completed with the EUs co-financing.
Despite the increase of expenditures on infrastructure development, the past five
years in the EU have been too short of a period to eliminate the arrears resulting
from many years of prior negligence in the area of transport infrastructure development and modernisation. The necessity to draft multi-annual investment
plans, defining in advance the funding committed to the deployment of specific
undertakings and schedules of their implementation, has been a positive factor
indirectly forced by the membership in the EU.
Poland's accession to the EU has changed the spatial pattern of demand of the
transportation of persons and goods. An increase in demand can be noted for
21
Executive summary
connections between Polands major cities, between the central and eastern part
of Poland as well as West European countries and Lithuania through Warsaw
and Wrocaw towards the border with the Czech Republic.
The optimistic forecasts concerning the development of the air services market in
Poland after accession were confirmed. In 2008 Polish airports serviced over 20
million 650 thousand persons. This meant a 134% growth in the number of serviced passengers as compared to 2004. The carriage offer has been expanded, air
ticket prices adjusted and regional airports developed. As an example, the offer of
low cost carriages from Poland covered 27 countries and 103 foreign ports, with
approximately 360 connections being offered by those carriers. In 2004 regional
airports serviced 31.1% passengers, and in 2008 their share in passenger services
rose to 54.32%.
The air market in Poland has experienced a dynamic development of low costs
carriages. The market share of low cost carriers rose from 31.5% (3.2 million passengers) in 2005 to 50% (8.6 million passengers) in 2007. The migration of Poles
to the United Kingdom and Ireland certainly had a significant impact on the
development of this category of carriers. Low cost carriers serviced routes to the
main destination countries of employment migrations of Polish citizens. Connections to the United Kingdom and Ireland alone were responsible for almost 60%
of Polish low cost carriages.
The implementation of the acquis communautaire in the area of energy led to
far-reaching ownership changes and transformations of the Polish natural gas
market. The introduced changes aimed at the creation of conducive market conditions enabling free competition. Poland's energy security in the fuel sector improved owing to the establishment of the system of mandatory reserves of liquid
fuels and the gaining of access to effective assistance mechanisms within the framework of the EU, allowing Poland to fight against adverse effects of oil supply
interruptions.
Due to the necessity to adjust to EU standards in the period 20042009, positive
trends have been recorded when it comes to the improvement of natural environment conditions. A gradual improvement of air, water and soil quality has
been achieved without prejudice to economic development. Before the accession
to the EU, Poland was granted as many as 20 transitional periods allowing for
convenient distribution of time for the most cost-intensive measures. The scale
21
22
Executive summary
22
of the outlays borne so far on the harmonisation with the EU environmental

requirements is evidenced by the fact that over PLN 7.5 billion were spent on
the construction and modernisation of waste water treatment plants and sewage
networks in the years 20032005 alone. In 19902008 Poland expended as much
as PLN 6 billion on air protection in the cement manufacturing sector alone. The
total size of investment outlays to be borne within 1520 years following the
accession is estimated at PLN 120140 billion.
The economic transformation of the 1990s contributed to the dynamic development in the number of SMEs in Poland, assimilating the Polish economy to the
EU-15 economy. After the accession, SMEs continued to constitute a decisive
majority of all undertakings operating in Poland (approximately 99% of the total
number of businesses, i.e. over 1.7 million active economic entities). The gradual employment growth in an average company after the accession corroborated
the extremely slowly advancing process of concentration among Polish undertakings. However, diversification of the regional development of the SME sector
has not taken place yet. In this respect, five years do not constitute a long enough
period for significant changes to take place.
Poland's membership in the EU contributed to the growth in the government's
activity in the area of programming of pro-innovative measures, particularly in
connection with the implementation of the Lisbon Strategy. Poland adopted
many documents of strategic nature and initiated many legislative measures. An
analysis of the innovation indicators and trends observed after Poland's accession
to the European Union indicates that Poland's innovation level remains much
below the EU average. According to annual reports of the European Innovation
Scoreboard, Poland occupied the very bottom of the ranking as compared to other
EU states (24th position in 2005 and 23rd position in 2008).
After a period of intensive preparations, Poland acceded to the Schengen area on
21 December 2007. As a consequence, Poland lifted the controls at the EUs external land borders between Poland and other EU member states. Border crossing
became easier and more accessible to Polish citizens. In the economic sphere,
positive outcomes of functioning within the Schengen area are best visible in trade, tourism and transport. The effects of these actions met with a positive social
reception, with approximately 85% of respondents assessing Poland's accession
to the group of Schengen states well and very well.
23
Executive summary
During the last five years, the number and value of smuggled goods went down
and the potential for unlawful crossing of borders was significantly reduced.
Owing to the presence in the EU and the Schengen area, the effectiveness of
Polish prosecution bodies in the fight against organised crime and human trafficking has improved. Poland began issuing new and better secured against
forgery identity cards and passports containing the basic biometric feature (an
image of a face stored in the passport's microchip). Polish authorities also gained
access to the Schengen Information System (SIS) and Visa Information System
(VIS). Furthermore, by becoming a party to the Europol Convention, Poland acquired access to the IT databases of this office.
Poland obtained additional Community funds, which were spent on hiring and
training of officers, as well as on specialist equipment and IT systems. One of
the assistance sources was the Schengen Financial Instrument (Schengen Fund),
which allocated over EUR 313 million to Poland. Additionally, Poland also took
advantage of the External Borders Fund, having been allocated EUR 78 million
for the years 20072013.
The seat of the European Agency for the Management of Operational Cooperation at the External Borders of the Member States of the European Union (Frontex) is located in Warsaw. The location of the agency has strengthened Poland's
position in the coordination of actions protecting external borders.
After Poland's accession to the EU, an increasing number of Polish students has
been studying in other member states (from over 22 thousand in 2004 to almost
33 thousand in 2006). In countries where university education is covered by a fee
(such the United Kingdom), the tuition for Polish students as EU citizens was
reduced to the level binding for citizens of that country after Poland's accession
to the EU.
Polish schools, universities and occupational training facilities, as well as high
school and university students and academic and research staff have increasingly taken advantage of the Community educational programmes, such as Erasmus. As a consequence, the number of students going abroad under the Erasmus
programme in the academic year 2006/2007 (11.2 thousand persons) was twice
higher than the number of students leaving in the year 2003/2004.
Poland's accession to the EU has helped restrain the strong declining trend in
both outgoing tourism of Poles and incoming tourism to Poland. In the years
23
24
Executive summary
24
20042006, the greatest growth was recorded in the number of Poles leaving
for the United Kingdom, Belgium and Denmark. However, the greatest that
is twofold growth in the number of foreigners coming to Poland was recorded from Ireland, Spain, Portugal, the United Kingdom, Norway and Romania.
Revenues from tourism in Poland went up, reaching the level of PLN 70.2
billion in 2007, corresponding to 6% GDP. An interesting development after
2004 was the emergence of a new tourism segment health tourism, which
is assessed to have a great development potential due to the growing demand
for health services and an attractive Polish offer guaranteeing high quality at
relatively low prices.
Poland's membership in the EU has translated into better consumer protection.
A proper legal framework has been established. Furthermore, significant institutional changes have taken place and the position of consumer protection bodies
has been strengthened to make their activities active and efficient in 2008 for
example, penalties exceeding PLN 25 million were imposed on undertakings breaching collective interests of consumers.
The rights of Polish patients have been greatly expanded owing to Poland's integration with the EU. Subjecting Poland to regulations for a better coordination
of social security systems has provided Polish citizens with the right for medical
care on the territory of all Member States (EEA), eligible both during tourist and
business trips. Financing coming from EU budget has helped start the process of
modernisation of the Polish health care system and provide health care facilities
with new equipment. Nevertheless, Poland has maintained full autonomy in the
organisation of its public health care sector.
The enlargement process expanded the area of stability in Europe, and reinforced
the transformation potential and international position of the EU in the world.
This confirmed the integration model based on the openness of markets and on
the principle of solidarity. This model guaranteeing effective and peaceful overcoming of divisions between societies proved to be a powerful source of soft
power of the EU and a reference point for other regional groupings in the world.
The accession of new member states in 2004 and in 2007 proved that the enlargement policy has been, and continues to be, the EU policy with the greatest influence and impact. The positive effects of the accession of 12 new member states
have proven that enlargement policy should be continued.
25
Executive summary
At the same time, the enlargement proved to be an adaptation challenge for the
EU. Regardless of the many economic benefits for the entire EU ensuing from the
accession, there has been a decline of social support in some states for the continuation of the enlargement process a phenomenon known as the enlargement
fatigue has developed and trends to diversify the pace of integration process
within the EU-27 have emerged. Overcoming those challenges will determine
the success of the EU as an integration grouping in the future.
It should be emphasized, that the enlargement did not result in a paralysis of the
decision-making process in the operations of the EU institutions; neither has it
disturbed the culture of compromise. Institutions and member states have adapted to new cooperation conditions within the EU-27. There has been an increase
in the use of majority voting, accompanied by the reduced application of the consensus principle. There has been an increase in the significance of informal negotiations and bilateral contacts. Although the enlargement has increased the share
of small and medium-sized states in the overall number of states, the demand
for political leadership to which the largest member states naturally aspiredincreased at the same time. There has also been a growing tendency for greater
cooperation in the intergovernmental dimension.
The main priorities of Poland's policy in the EU concerned the maximization of
opportunities ensuing from the membership, the efficient adaptation for functioning within the Union and securing the position of an influential member state
with ambitions proportionate to its size and socio-economic potential. Poland
participated actively in works carried out at the EU forum, including major debates in the years 20042009, such as the financial, treaty-related and climate and
energy discussions, as well as those concerning individual policies. This proved
that the ability to influence the EU reform process and Union's adjustment to
the new challenges faced by Europe has been one of the most significant benefits
following from Polands accession to the European Union.
The first five years of Poland's membership in the Union have been devoted to
the consolidation of our country's presence within the Union mechanisms and
structures. As she gathered experience, Poland emancipated herself within the
EU. With time, Polands activities have gained in intensity and become more
innovative. Poland joined coalitions and has been gradually becoming a driving
force and their leader. The degree to which Poland is identified as a poor state
25
26
Executive summary
26
and the extent to which it is regarded as a large state will determine Poland's
presence in the EU in the coming years.
Poland has been active in the shaping of the EU policy towards Ukraine. Beginning with the promotion of EU involvement in the Orange Revolution in
2004, Poland has tried to stimulate the advancement of political dialogue and
economic cooperation with Ukraine as an important EU partner and neighbour.
Another area of Poland's activity was a greater EU involvement in relations
with Belarus. In general, however, Poland's priorities (shared by many other
new member states) in the context of a deeper integration of East European
states with European structures have frequently met with a reserved attitude of
some EU-15 states. From the perspective of five years of membership, Polands
greatest success was without a doubt the Eastern Partnership initiative submitted jointly with Sweden in 2008 and addressed to six states of Eastern Europe
and the Southern Caucasus. Its acceptance by all member states allows to hope
for significant progress in the involvement of those regions in the cooperation
with the EU. Following a decision of the European Council in March 2009, EUR
600 million have been allocated from the EU budget to this purpose. The key
moment of the discussion on possible enlargement to the East is still to come,
and the existing deep relations will provide a powerful argument in favour of
following up of the enlargement policy.
The shifting of the EU borders to the east has become an impulse for redefining
the EU policy towards her new neighbours which fall within the framework of
the so-called European Neighbourhood Policy (ENP) established in 2004. As a result, the countries of Eastern Europe have acquired the status of separate entities
and their presence has grown in the European political discourse. Recognising
the geopolitical role of the East European region, the EU changed her attitudes in
key areas. However, the present disproportions in the allocation of funding under the ENP (EUR 3 for the south, against EUR 1 for the east) are real reflections
of the Union priorities.
Poland has been obliged to introduce visas for citizens of certain third states, including Ukraine, Belarus and Russia. As a result of those changes, there has been
a decline in the number of foreigners' border clearances. At the same time, a drop
in sales at border zone fairs can be noted, as well as a decline in currency exchange in foreign exchange offices, a decline in sales at commercial and catering faci-
27
Executive summary
lities in the border zone, and finally a decline in the volume of visitors in hotels
and inns located in the area. However, Polands initiatives have mitigated the
consequences of the application of Community regulations. From Poland's perspective it is necessary to intensify the forms of cooperation with neighbouring
non-EU states and support them with national and Community legislation. It is
important to follow up on efforts in the context of the EU to reduce charges for
Belarusian citizens for considering applications and for issuing uniform Schengen
visas. A swift completion of negotiations on the local border traffic agreements
with the EUs eastern neighbours and their fast implementation has become an
urgent challenge in early 2009. Initiating efforts for the benefit of amendment
to a relevant EU regulation has also been an important step allowing the border
zone to be expanded.
Poland's membership in the EU has not gone without an impact on regional cooperation. Poland has actively participated in the Visegrad Group (VG), Central
European Initiative, or the Council of the Baltic Sea States in the past five years.
Considering that all member states of the Group (Poland, the Czech Republic,
Slovakia and Hungary) had acceded to the EU, cooperation with partners within
this grouping proved to be particularly important. Initially the VG played the
role a forum for consultations on European matters and support for integration
aspirations of the states of Eastern Europe and Western Balkans. With time, it
became an important forum for coming to terms on interests, for building alliances and realizing regional interests within the framework of the EU. Its meetings
were expanded through the participation of the Baltic states and, after 2007, also
of Bulgaria and Romania. In the forthcoming years an intensification of cooperation under the VG is to be expected due to the fact that three states of the Group
will preside in the EU in the near future, the Czech Republic (1st half of 2009) and
Hungary and Poland (the 1st and 2nd half of 2011 respectively).
The enlargement of 2004 contributed to the strengthening of Poland's position
in the world, the building of good relations with the member states and third
countries (including neighbourhood relations), and to the participation in regional cooperation and activities at the forum of international organisations. At
the same time Poland's membership in the EU has become an impulse for the
revaluation of Polish foreign policy, its priorities and targets as well as the directions of involvement. By acceding to the Union, Poland gained the possibility
27
28
Executive summary
28
of active participation in the creation of the EUs policy towards the world. Because of this enlargement, the scope of interest of the Polish foreign policy has
expanded. The enlargement gave an additional boost to Polands ambitions and
impressed the need on Poland to lend more dynamic to the development of the
EU foreign policy. The years since the accession in 2004 have thus become an
important period for further strengthening the identity of the EU as a key actor
on international scene.
During the post-accession period, economic relations with third states received
a boost in the area of both investments and trade. There has been a visible improvement of Polands image among economic and political communities of nonEuropean countries. Growing interest can be noted in the field of economic cooperation with Poland as a partner offering products and services of European
quality at relatively low prices. Upon her accession to the EU and as the economic situation improved in Poland, there has been a gradual but visible growth in
migration pressures from third countries to Poland, which has increasingly been
chosen as the destination country for migrants. It should be underlined that in
contrast to the area of foreign and security policy despite her potential regarding the socio-economic policy, Poland has not contributed to EU relations with
third countries in a significant way. There is a significant potential for improvements in the area of economic relations between Poland and third countries.
The accession to the EU introduced major changes in the functioning of the Polish
government administration. The fact that matters related to the European policy
ceased to be an external aspect of the domestic policy, may be one of the most
important of those changes. Considering the above, most organisational units in
the majority of ministries have become actively involved in the programming,
working out, and implementing the European policy. This process has become an
important stage in the Europeisation of the Polish administration.
The accession to the EU required the setting up of institutions and the development of internal procedures within the administration which would guarantee
speaking with one voice at the EU forum. The European policy coordination
system created to this end was based on the European Committee of the Council
of Ministers. As part of the implementation process the European Committee of
the Council of Ministers considered and adopted inter alia approximately 920
instructions for meetings of the EU Council and its auxiliary bodies and informal
29
Executive summary
meetings of ministers (and a parallel number of reports from those meetings),

approximately 850 draft governments positions relating to EU consultation documents, as well as approximately 250 draft acts implementing the acquis and
approximately 100 draft regulations of the Council of Ministers. These numbers
reflect the scale of the intensity of works and Polands involvement in daily management of the process of EU membership.
Presiding over the EU is a natural consequence of Poland's accession to the EU
and a commitment following from the member state status. In 2008 Poland began
intensive preparations for the first Polish presidency of the EU in history, to take
place during the 2nd half of 2011. To this end, in July 2008, the government appointed the plenipotentiary for preparations who coordinates government works in
such areas as the preparation of human resources (training), budget, logistics and
security as well as promotion and culture. Moreover, works have commenced on
programming and selection of the priorities of Polands presidency. In February
2009, a special website was launched where the progress of works can be followed (www.prezydencjaue.gov.pl). The presidency will prove a great challenge
on the one hand. On the other it will be the most important instrument of influence on the EU that Poland will be able to take avail of in the coming years.
The experience in estimating costs of the implementation of acquis gained during the accession negotiations helped Poland join the Union discussion on the
improvement of the law-making process and the simplification of the binding
regulations. Although five years after the accession those processes do not seem
to be fully rooted in the Polish administration structures, many of their positive
elements have been carried into effect. These include the development of a comprehensive government programme, the establishment of the first institutional
structures or taking advantage of the opportunity owing to structural funds to
improve administrative capacity in quality law-making.
The issue of the pace of acquis implementation into the national legal order has
remained an important challenge throughout the membership process. Although
Poland managed to implement most EU regulations within the required timeframes during the accession preparations, a significant slowdown of this process
can be noted after 1 May 2004. In 2005 Poland ranked 14th in terms of the transposition of the internal market directives, dropping to the 22nd position in 2008,
and to the 26th position in February 2009 within the EU-27. Given the situation
29
30
Executive summary
30
of the legislative negligence, Polish courts have not hesitated to apply the acquis
foregoing national law (particularly in taxation matters), which has not replaced correct and timely transposition. Thus, the state of the acquis transposition
contradicts Polands declared support of the internal market principles. In light
of the above, improvements in this area remain a matter of urgency.
Upon the accession to the EU, Poland gained access to proceedings before the
Court of Justice, the Court of First Instance and the EFTA Court and was thus
able to shape her legal situation within the Community. Moreover, Poland found herself able to influence the interpretations of the acquis provisions through
court jurisdiction. Five years after accession to the Union, Poland ranks in the
upper band of the average level in terms of the number of proceedings against
the background of all member states, which is evidenced by statistics of both
proceedings instituted in particular years, and a listing of proceedings in progress.
Halting or, better, reversing this process is becoming increasingly urgent.
During the five years of EU membership, the role of the Polish state administration shifted from aid recipient to aid donor. The financial support for the state
administration within the framework of the three allocations of the Transition
Facility programme 20042006 helped gain the required experience for the efficient functioning within the EU and for training experts in many areas. The most
efficient financial instrument turned out to be the twinning cooperation between
administrations of the EU states and the beneficiary states.. Financing under the
allocations of Transition Facility programme for the years 20042006 was used by
the Polish state administration for the deployment of 76 projects with the total
value exceeding EUR 50 million. As aid donors, Polish state institutions were
chosen by foreign beneficiaries in 18 projects with the total value of EUR 16.5
million (as of March 2009, concerns programmes CARDS, TACIS, Phare, Transition Facility and ENPI).
Projects implemented by Poland, as a recipient of financial aid, in cooperation
with state administrations of the EU member states allowed to initiate contacts,
which later became the foundation for the exchange of mutual experiences, and
as an aid donor to offer expert assistance to new states covered by EU financing.
During the five years of EU membership, one can note growing interest in the
role of aid donor under the twinning cooperation, and which resulted in the
growing participation of Polish institutions in the projects. The knowledge and
31
Executive summary
skills acquired by the Polish state administration during the implementation of

institutional development projects contributed to the readiness to offer assistance, and to do so not only from within the framework of programmes financed
from EU funds. Polish institutions have become active in the role of aid donor, by
implementing projects in the context of development cooperation for the states
of Western Balkans, Ukraine, as well as Moldova, Belarus and Georgia.
31
Chap.1
The economic dimension

of Polands membership in the EU
Macroeconomic perspective / Hanna Sroczyska, Patryk Toporowski

Agriculture and fisheries / Marta Zieliska, Micha Nodzykowski
Transport infrastructure / Jacek Ryba, Kamil Jaworski
Air Transport / Magorzata Kauyska
Energy / Micha Peka
Environment / Ewa Florkiewicz
Small and medium-sized enterprises / Anna Wjcik
Innovation / Magorzata Budzyska
Financial flows / ukasz Sosnowski
33
Macroeconomic perspective
According to broadly endorsed expectations and forecasts by experts in the field,
Polands membership in the European Union (EU) was to have far-reaching effects for
the Polish economy. Experts indicated that the accession would have a positive impact
on Polands macroeconomic stability and economic growth.
The fifth anniversary of Polands accession to the EU is therefore an opportunity
to verify these forecasts and hypotheses from the pre-accession period and to analyse the
initial, medium-term effects of the EU membership. Thus, a number of pre-accession
forecasts are quoted in this chapter which are then compared with the actual results of
the Polish economy recorded in the post-accession period.
It should be borne in mind, however, that certain effects of Polands integration into the EU were evident already in the pre-accession period. Polands economic
transformation should be viewed from a longer-term perspective of twenty years. In
early 1990s, Poland started a complex process of reforms aimed at the introduction of
the market economy which was one of the preconditions for the EU accession. On the
one hand, Polands accession to the EU was an ultimate effect of the entire process of
economic transition; on the other, it created a unique opportunity for further growth of
the Polish economy.
In addition, the process of Polands integration with the EU occurred in parallel
to certain developments of the global economy, such as the global economic upturn since
2004 and the subsequent international financial and economic crisis, with its climax in
H2 2008. Therefore, developments in the Polish economy can be linked not only to the
EU membership, but also to a number of different factors. As a result, it is often very
difficult to point to EU-specific effects.
33
34
Economic growth: fluctuations and underlying factors

Before the accession, experts had forecasted a dynamic growth of Polands economy resulting from the convergence with the economies of EU-15 Member States.
For emerging markets, convergence was to contribute to their relatively high economic
growth rate as compared against developed economies. The pre-accession report containing an ex-ante analysis of the effects of Polands accession to the EU estimated that the
average economic growth rate would exceed 5% in the first five years of membership.
This forecast was based on the growing importance of foreign trade, financial transfers,
and a more robust inflow of foreign capital after the accession, which can be attributed
to the improved conditions for investments in Poland, higher financial reliability, and
elimination of barriers to the free flow of capital.
Chart 1. Changes in Polands GDP in the period 19992009
7.0%
6.2%
6.0%
5.0%
4.0%
6.6%
5.3%
4.3%
4.8%
3.9%
4.5%
3.6%
3.0%
2.0%
2.0%*
1.0%
1.2%
1.4%
0.0%
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008
2009
* Forecast of DG ECFIN, Interim Forecast, January 2009.

Source: Own study based on Eurostat and Central Statistical Office.
Indeed, if we analyse changes in GDP, it becomes evident that the accession spurred the growth of the Polish economy. In the period 19992003, economic growth rate
ranged from 1.2% and 4.5%; in the post-accession period, it varied from 3.6% in 2005
to 6.6% in 2007. The 2005 growth in GDP of 3.6% (compared to 5.3% in the previous
34
Office of the Committee for European Integration, Bilans korzyci i kosztw przystpienia Polski do Unii Europejskiej, Warsaw 2003, p. 38.
35
year) can be explained by the decline in domestic demand resulting from the reduction
of stock in the previous year.
The impact of accession on the high economic growth rate may be determined
by analysing changes in subcomponents of GDP. Investment demand was the key
driver of GDP growth (especially in 20052006), followed by consumption demand.
Increased investment demand was accompanied by a considerable increase in gross
fixed capital formation (from 0.1% in 2003 and 6.4% in 2004 to 17.6% in 2007),
which resulted from the inflow of foreign direct investments and increased confidence of investors in the Polish market in the context of Polands accession to the EU.
Another key factor was the increase in exports, although its growth rate was on the
decrease (from 14% in 2004 to 9.1% in 2007), which resulted among others from
the strengthening of PLN vs. currencies of Polands main trade partners. On the other
hand, domestic consumer demand was on the increase (from 2.8% in 2003 and 6.8%
in 2004 to 8.6% in 2007). However, Polands accession to the EU alone cannot be considered the only or the basic driver of Polands economic growth. Polands economic
upturn was attributable also to other factors, including among others the trends in the
global economy.
In 2007, the highest growth in production was recorded in industry (about 9.9%)
and construction (12.5%). The increase in private consumption was rather moderate,
which leads to the conclusion that Polands economic growth was stable and sustainable in terms of its structure and did not result from an excessive increase in domestic
consumption. GDP growth based on the increased investment demand, as well as the
promising Polish market represent an opportunity to achieve higher economic growth
rate in the context of the global economic crisis than in other countries.
In addition to the above factors, GDP growth rate also depended on the increase
in labour productivity, which is defined as the value of production per input of labour.
Its increase depends on the streamlined division of labour in a country, i.e. more efficient utilisation of labour force in the economy in general, leading to higher domestic
production. Chart 2 presents productivity of the Polish economy in GDP (in PLN) per
hour worked, compared to productivity of labour in EU-15.
A. onowski, Wpyw czonkostwa Polski w Unii Europejskiej na podstawowe zmienne makroekonomiczne efekty unijne oraz kanay dyfuzji, expert study for UKIE,
2009, p. 26.

Rachunki kwartalne produktu krajowego brutto w latach 20032007, Central Statistical Office, November 2008, http://www.stat.gov.pl/cps/rde/xbcr/gus/PUBL_rachunki_kw_pkb_2003_2007.pdf.
35
36
Chart 2. Productivity of labour in Poland in 20002008 vs. EU-15

45
41.57
33.8
35
(in PLN/h)
30
25
25.78
27.8
29.65
38.78
44.85%
49.0%
48.0%
46.19%
44.60%
47.0%
46.0%
45.10%
45.0%
43.98%
44.0%
43.09%
15
43.0%
10
36.59
31.21
45.32%
20
34.93
42.0%
41.42%
40.50%
2000
(UE-15 = 100%)
40
50.0%
41.0%
2001
2002
Labour productivity
2003
2004
2005
2006
2007
2008
40.0%
UE-15
Source: Own study based on DG ECFIN, AMECO base.
In 20002008, labour productivity was up by about 60% from 25.78 PLN per
hour worked to 41.57 PLN per hour worked. One should note, however, that the period
of 20062008 saw a substantial increase in employment rate, and labour productivity
statistics were lower as a result. In 20002003, labour productivity measured as GDP
produced during one hour of work totalled 40.544% of average labour productivity in
EU-15, while in 20042008 it reached 44.546% of EU-15 average. Inflow of FDI was
one of the reasons for this improvement.
It was expected that the development gap between Poland and EU-15 would be
reduced after the accession. And indeed, the gap measured by GDP per capita was reduced
in 20032008. Before the accession, the average GDP per one Polish citizen reached only
48.9% of GDP per capita in EU-27, but in early 2009 it was estimated that it had increased
to 54.3% in 2008. This bridging of the gap between Poland and other EU-12 Member States vs. EU-15 is a long-term process and is expected to take many more years.
The global economic crisis that emerged back in H2 2007 in the USA has manifested itself in real terms in highly developed countries, and in particular in the Euro

36
Office of the Committee for European Integration, op.cit., p. 7, 31.

Eurostat, http://epp.eurostat.ec.europa.eu.
37
zone, the UK, and the USA. As a result, foreign investors have become more alerted
to investment risks, in particular in emerging markets, including markets of the new
Member States. In consequence, the new Member States considered not reliable enough
by foreign investors suffered from a decline in investments, sharp reduction in foreign
demand, and the flow of foreign capital to more developed countries.
In 2008, Poland experienced the first symptoms of economic downturn in the
wake of the global financial crisis. They were evident mainly in the considerable reduction of gross capital formation (5.6% in Q3 2008) resulting from the decline in gross
capital expenditure (3.5% in Q3 2008), which is of particular importance for sustainable
economic growth.
This economic slowdown was somehow mitigated by a very limited reduction in
consumption and a slight improvement in net exports in H2 2008. In 2009, the expected
decline in consumption demand is likely to be mitigated by the reduction and flattening
of tax rates. On the other hand, the increasing unemployment rate and stricter terms and
conditions adopted for consumer loans, are likely to affect consumption rate and by
extension GDP growth rate.
In addition, higher investment risks, rising electricity prices and costs, as well
as new limitations on mortgage and investment loans, put a curb on the scale of investments in many sectors of the economy. Many private and public institutions agreed that
in view of the above, Polands GDP growth rate in 2009 would be lower than in 2008;
the actual forecasts differed, ranging from 0.5% to 4%. One should note that economic
growth rate of 2% would land Poland in the list of the fastest-developing countries in
the EU. Some financial institutions, such as HSBC, expected that Poland and China would cope best with detrimental effects of the global financial crisis.
Balance of payments
Polands accession to the EU had a significant impact on all key elements of its
balance of payments. In 20042009, deficit in the current account was on the increase.
This increase in deficit was offset by the increase in surplus recorded in the capital account. The balance of financial account also improved.

Bank BG, Makrotrendy, no. 2(36), 2008, p. 2.

DG ECFIN, Interim Forecast, January 2009, http://ec.europa.eu/economy_finance/pdf/2009/interimforecastjanuary/interim_forecast_jan_2009_en.pdf.
D. Walewska, Polska i Chiny: dwie wyspy, a wok kryzys, Rzeczpospolita, 16 January 2009, p. B9.
37
38
In the case of Polands current account, the increase in deficit resulted directly from the convergence mechanism observed in other new Member States: countries
catching up with more developed Member States would record an increase in current
account deficit and a surplus in capital account resulting from the inflow of foreign capital, e.g. FDI inflows or portfolio investments. This post-accession scenario had been
forecasted already before the accession.
The negative current account balance resulted mainly from the income recorded
by foreign investors, for instance under dividends or interest on loans extended to Polish
entities (including the Government and local and regional authorities)10. In addition,
the decline in the balance of trade in goods recorded since 2006 also affected Polands
current account. Deficit in trade in goods reached EUR 4.6 bn, and more than doubled in
2007, up to 11.3 bn EUR. On the other hand, a considerable improvement was recorded
for the balance of services and current transfers. Surplus in the balance of services was up
from 0.4 bn EUR in 2003 to 2.9 bn EUR in 2007, while surplus in current transfers was
up from 2.8 bn EUR in 2003 to 4.8 bn in 2008 EUR11.
Chart 3. Polands balance of payments in the period 2000 November 2008, by accounts
(in EUR mln)
30.000
25.000
20.000
15.000
10.000
5.000
(5.000)
2000
2001
2002
2003
2004
2005
2006
2007
2008
(10.000)
(15.000)
(20.000)
Current
account
Capital
account
Financial
account
Net errors and

omissions
Official reserves
(change)
Source: N
BP, cit. A. onowski, Wpyw czonkostwa Polski w Unii Europejskiej na podstawowe zmienne makroekonomiczne efekty unijne oraz kanay dyfuzji, UKIE expert study, 2009.
Office of the Committee for European Integration, op.cit., p. 7, 38.

Office of the Committee for European Integration, 4 lata czonkostwa Polski w UE. Bilans kosztw i korzyci spoeczno-gospodarczych, Warsaw 2008, p. 1819.
A. onowski, op.cit., p. 8.
10
11
38
39
On the other hand, a significant improvement was recorded in the balance of

Polands capital account from 0.04 mln EUR in 2003 to 3.9 bn EUR in November
2008. This improvement resulted from EU transfers under structural funds and Cohesion Fund.
EU accession had a positive impact on Polands financial account. This improvement was based mainly on the inflows of foreign direct investments, portfolio investments, and other investments. At the same time, since the date of accession, the value
of Polish FDIs increased until 2007, and the same applies to the value of portfolio investments and other investments in the period 20052007. Similar trends were observed
in other new Member States. Improvement of their financial accounts resulted from the
inflow of capital, especially FDIs, after the accession. Just as in Poland, other Member
States recorded an increase in FDIs located abroad, mainly within the EU. A conclusion
may be drawn that the enlargement resulted in a bilateral increase in capital flows between EU-15 and EU-10.
Chart 4. Changes in Polands foreign debt in the period 2002 3 quarters of 2008 (in EUR mln)
100%
200.000
180.000
160.000
90%
81%
86%
70%
140.000
74%
80%
70%
120.000
60%
100.000
50%
80.000
60.000
40.000
26%
19%
14%
30%
30%
20%
10%
20.000
40%
2000
2001
Non-governmental and
non-banking sector
2002
2003
Government and
banking sector
2004
Banking
sector
2005
NBP
2006
2007
Long-term
3Q 2008
0%
Short-term
Source: N
BP, cit. A. onowski, Wpyw czonkostwa Polski w Unii Europejskiej na podstawowe zmienne makroekonomiczne efekty unijne oraz kanay dyfuzji, UKIE expert study, 2009.
One should note that in 20032007, Polands total foreign debt almost doubled. Before the accession, foreign debt totalled about 85 bn EUR, but reached about 160 bn EUR
in 2007, and increased to over 184 bn EUR in the first 3 quarters of 2008. At the same time,
the share of short-term debt in total foreign debt gradually increased in the analysed period,
39
40
from 19% in 2004 to 30% as at the end of Q3 200812. After accession the systematic but moderate growth of public debt was observed. This increase was attributable among others to
the inflow of transfers from EU budget under the cohesion policy. These transfers may only
be used in co-financing of projects. To this end, the central government as well as local and
regional authorities incurred debts both in Poland and abroad. In addition, EU funds are
released only after a project has been implemented, and the State must secure project financing beforehand. Private enterprises using structural funds were subject to the very same
mechanisms, and their debt also increased. These debts were investment-related13, which
increased GDP growth rate and may improve its growth in the future.
Foreign exchange rates

Before the accession, it was expected that PLN exchange rate would appreciate
and stabilise at about 4 PLN/EUR in 2008. Experts assumed that this exchange rate would
be achieved based on the governments strategy of participation in ERM II and adoption
of single currency in 2008, as well as based on the inflows of foreign capital14.
Within the first four years of Polands membership in the EU, PLN exchange rate
gradually appreciated, both in nominal and real terms. In the case of PLN/EUR exchange
rate, this trend was a reversal of the gradual weakening of PLN recorded since 2001.
Therefore, the pre-accession forecasts were correct as to the overall trend, but
the actual degree of appreciation of PLN had been slightly underestimated15. Average
annual exchange rate of EUR in 2008 totalled about PLN 3.5, i.e. about 15% below the
forecast. As at the end of 2008, it exceeded PLN 4.00, and this depreciation trend continues. The strong appreciation of PLN after the accession had a number of reasons. These
included: increased global demand for PLN, inflows of speculative capital, accelerating
economic growth rate, and improved labour productivity.
PLN appreciation in real terms was a consequence of the Samuelson-Balassa effect. According to this mechanism, if labour productivity increases in one economy vs.
another economy, the exchange rate of its currency becomes relatively stronger, assuming a similar inflation rate in comparable countries16.
Ibid., p. 14.
Ibid., p. 26.
14
Office of the Committee for European Integration, Bilans, op.cit., p. 7.
15
Ibid., p. 7.
16
Indeed, labour productivity in Poland improved gradually (cf. Chart 2; sub-chapter: Economic growth: dynamics of changes and underlying factors).
12
13
40
41
The strengthening of PLN was based on the increased demand for the Polish
currency among foreign investors. PLN was necessary to invest in Poland. In addition,
PLN/EUR exchange rate in international currency markets depended on the transfers of
funds from EU budget under structural funds or Common Agricultural Policy (CAP). On
the other hand, exchange rate was on the increase as a result of transfers of money made
by Polish immigrants in the UK and brought back to Poland.
In addition, as Polands financial credibility and its attractiveness for investors
increased, massive inflows of speculative capital were recorded, focused on the so-called
convergence play17, i.e. location of investments in economies characterised by higher
growth rate and promising higher returns. As a result, valuations of PLN were somehow
detached from its actual value.
Chart 5. Weighted average exchange rate of PLN vs. EUR, GBP and USD
8.00 PLN
7.00 PLN
6.00 PLN
5.00 PLN
4.00 PLN
3.00 PLN
1 USD
1 GBP
20
08
07
20
20
06
05
20
20
04
20
03
20
02
01
20
20
00
19
99
2.00 PLN
1 EUR
Source: Own study based on NBP, annual reports.
In H2 2008, in light of the global crisis, the appreciation trend was reversed due
to the flight of speculative capital from the emerging and less credible markets back
to highly developed countries. Faced with the global economic crisis, foreign investors
have become more sensitive to foreign investment risks and started to withdraw their
capital from the emerging markets. Nearly all new Member States that kept their national currencies were affected by this trend. The increasing demand for borrowings was
accompanied by a decline in foreign direct investments. As a result, the main global
currencies appreciated vs. currencies of the emerging markets18.
17
18

J. Jankowiak, Co dalej z kursem zotego?, Rzeczpospolita, 29 December 2008
41
42
To sum up, the impact of EU membership on PLN exchange rate was noticeable
albeit difficult to determine and resulted in the appreciation of PLN in the period
20042008. However, in the face of the global financial crisis, it lost its importance. Due
to the global economic downturn in 2008/2009, PLN was still treated by traders as an
emerging market currency, not as an EU Member State currency. In consequence, PLN
lost about 4050% vs. stronger currencies.
Foreign trade
Polands accession to the EU had a number of consequences for the Polish foreign
trade. First of all, Polish businesses took advantage of globalisation thanks to the strengthening of Polands position in the international arena. Secondly, Polish entrepreneurs
entered the internal market and followed its rules (especially as regards environmental
protection as well as human health and life protection standards). As a result, foreign
trade increased substantially, and the Polish economy became more open. It confirmed
the pre-accession hypothesis that Polands trade would grow faster after the accession
than its GDP19.
Polish products were exported mainly to EU Member States, and the resulting
increase in exports resulted from Polands participation in the internal market. In particular, Poland exported its agricultural and food products, enjoying a comparative advantage in their production. In addition, Poland was covered by the common trade policy
(CTP), received subsidies to exports to third countries (the so-called export refunds),
and adopted preferential customs duties as regards certain countries; it all added to the
increase in the volume of foreign trade. On the other hand, foreign trade increased also
based on the increasing demand for foreign products, accelerating economic growth rate,
and appreciation of PLN.
Chart 5 presents the dynamics of changes in foreign trade in 20002008. Throughout this period, the value of trade was on the increase, which would indicate that
the Polish economy gradually opened to the world. However, the highest increase in the
value of trade (up by over 10% per annum) was observed since 2004, which would suggest that Polands accession to the EU had a positive effect on its trade. In the theory of
economics, it is called trade creation effect. It would have been even more pronounced
19
42
43
if the key trade partners had experienced higher increase in their economic growth rate
(resulting in an increase in trade based on the higher demand from Polands trade partners)20, and if Poland had encouraged them to be more active for instance, by ensuring
better access to its market, better transport infrastructure, and a more business-friendly
environment21.
Chart 6. Changes in Polands foreign trade (previous year = 100) in the period 20002008
130.0
125.0
120.0
115.0
110.0
105.0
100.0
2000
2001
2002
2003
2004
2005
2006
2007
2008
Source: Own study based on Comext, Eurostat, and Central Statistical Office.
In addition to trade creation effect, there was yet another consequence of changes in customs duties in trade with third countries the so-called trade diversion effect:
increase in the volume of trade with one country or region, resulting from liberalisation
of trade in the region, affected the volume of trade with other countries and regions. In
Polands case, some goods imported from outside the EU were partially replaced with
goods coming from Member States or from countries covered by customs preferences
under the common customs tariff22.
Interestingly enough, trade creation effect was stronger after the accession than
trade diversion effect, both in Poland and in the EU. The enlargement did not result in
any significant reduction of trade between the EU and third countries. Average annual
increase in the volume of trade between Member States and third countries in the peOffice of the Committee for European Integration, 4 lata, op.cit., p. 23.
In terms of its efforts to enable the development of foreign trade, Poland ranked 45th in 2008 (cf. World Economic Forum, The Global Enabling Trade Report
2008; cf. Baltic Development Forum, State of Region Report, 2008, p. 61).
22
For instance, the country of origin of bananas was initially changed from Ecuador, Panama, Costarica, or Columbia, to Spain or Greece. However, after the zero
customs duty was introduced in 2006 for bananas brought from the Caribbean, Latin America and Africa, their share in total imports to Poland remained similar
to the pre-accession period.
20
21
43
44
riod 20042007 reached 10.4%, compared to 8.7% increase in trade within the EU in the
same period23.
Until 2005, the volume of imports to Poland increased slower than Polish exports.
Since 2006, the volume of import of goods to Poland increased faster than exports of
goods from Poland, which resulted from the appreciation of PLN and better financial
situation of Poles. Trade deficit had been on the decrease until 2005; after 2006, it has
been up again. In 2004, foreign trade deficit reached EUR 11.8 bn; in 2005, it totalled
9.8bn EUR. In the period 20062008 it was on the increase, reaching the estimated level
of 25bn EUR in 200824.
Chart 7. Value of foreign trade within EU-27 and with third countries in 19992007
180.0
169.27
160.0
143.50
140.0
EUR bn
80.0
64.51
71.67
50.0%
80.94
76.06
52.04
40.0
20.0
60.0%
102.78
100.0
60.0
70.0%
118.06
120.0
16.68
1999
22.94
2000
24.55
2001
25.92
26.93
2002
Value of trade with third countries

Share of third countries in total trade
2003
80.0%
29.66
2004
35.53
2005
45.87
53.90
40.0%
30.0%
2006
2007
20.0%
Value of trade with Member States

Share of Member States in total trade
Source: Own study based on Comext and Eurostat.
Chart 7 presents the value of foreign trade between Poland and EU-27 Member
States and third countries. In both groups, trade was on the increase, which would confirm the trade creation effect. After the accession in 2004, the share of third countries
in foreign trade dropped. In 2003, about 25% of foreign trade was generated by third
countries, but only about 22.5% a year later. This share increased in the following years,
but the 25% threshold was never reached.
The importance of emerging markets in Polands foreign trade increased in this
period; it applies in particular to the new Member States. It would indicate that trade
relations with these countries became closer after the accession. Similarly, the share of
23
24
44
European Commission, DG ECFIN, Five years of an enlarged EU, Economic achievements and challenges, European Economy 1/2009, p. 53.
Comext, Eurostat; 2008 estimate; Central Statistical Office.
45
EU Member States in total trade increased slightly, but a drop was recorded in the share
of highly developed countries in general25. In the first five years of EU membership, the
volume of trade with third countries from the East increased significantly (e.g. with
Ukraine and Russia; in the latter case, the value of trade depended mainly on prices of
the imported energy carriers).
The increased share of exports to the new Member States was recorded not only
in Poland, but in almost all new Member States. The share in trade within the group of
the new Member States increased from 10.35% in 1999 to 13.5% in 2004 and 17.29% in
2007, although to some extent it resulted from the process of globalisation26.
As regards the structure of trade, an increase in trade in 2004 was observed in
nearly all sectors. Still, the highest increase in exports was recorded in agricultural and
food products. In 2005, 10% of the total exports of agricultural and food products could
be attributed to the participation in the EUs single market27. After the accession, this
upward trend was upheld for the first two years (reaching the annual average of as much
as 30%), slowing down slightly in 2006 (to 20%)28. The high increase in exports was also
recorded in the sector of chemicals, machinery, and transport equipment. These are traditional, labour-intensive sectors, with relatively moderate technological development.
As regards imports, most sectors recorded increased values of trade after the accession. This significant increase in imports can be attributed to the economic convergence of Poland to EU-15 and the resulting accelerated economic growth and appreciation of PLN29. The impact of EU membership was particularly evident in the sectors
of machinery and plastics. The increased demand for these products resulted, among
others, from the new production processes requiring spare parts for the newly purchased
machinery or maintenance products.
In 2008, this upward trend expressed in PLN was maintained until the beginning
of Q4, when it slowed down sharply. As regards trade denominated in USD and EUR, it
slowed down already in H2 2008, and its balance deteriorated. The share of consumer
goods in total imports increased, while the share of goods to be used in investments or
intermediate consumption was on the decrease30. As at the end of 2008, the total volume
of trade was estimated at 253 bn EUR 31.
Central Statistical Office, Informacja o sytuacji spoeczno-gospodarczej kraju. Rok 2008, 2008, p. 50.
DG ECFIN, Five years, op.cit., p. 57.
Office of the Committee for European Integration, 4 lata, op.cit., p. 23.
28
EUROSTAT, www.epp.eurostat.ec.europa.eu; cf. chapter on Agriculture.
29
30
GUS, op.cit., p. 48.
31
http://www.stat.gov.pl/gus/45_970_PLK_HTML.htm
25
26
27
45
46
In late 2008, the value of net exports depended on two basic and opposing factors,
resulting from the global economic downturn. The first of these factors was related to
the decline in demand for foreign products among Polands main trade partners. They
experienced the first symptoms of the global crisis back in 200732. The opposite factor
was connected with the weakening of PLN and the resulting attractive prices of Polish
products.
Both before the accession and in 20042009, Germany was the main trade partner of Poland. Export of cars and accessories, as well as TV sets to Germany increased,
while export of copper, engines, other products made of non-precious metals, electronic
transmission equipment, as well as furniture shrank. It could be regarded as a positive
effect of EU membership connected with FDI inflow in the previous years33. The share of
Germany in the Polish exports dropped from 26.1% in 2007 to 25% in 2008. It resulted
mainly from the specific problems faced by the German economy and reduction of its foreign consumption, as well as from the increasing importance of other markets. In 2008,
Germany recorded GDP growth of only 1.3%, and a GDP drop to 2.3% is expected
for 200934. As a result, the share of Germany in the Polish exports in 2008 was down by
about 1.1 percentage point. At the same time, an increase was recorded for the imports
of passenger cars and trucks, their spare parts and accessories, as well as engines. On the
other hand, the opposite trend was recorded for the imports of other products made of
non-precious metals, other specialist equipment and machinery, as well as processed
petroleum oils35.
The impact of EU accession on the Polish economy is also evident if we analyse
changes in Polands intra-industry trade with EU-1536. Table 1 presents the share of
intra-industry trade in total trade, as well as its structure. Since 2000, the share of intraindustry trade increased gradually, which would suggest that Polands structure of trade
became similar to EU-1537.
Ministry of Economy, Polska 2008 raport o stanie handlu zagranicznego, Warsaw 2008, p. 5.
Cf. sub-chapter on Foreign Direct Investments in Poland.
DG ECFIN, Interim, op.cit., p. 21.
35
GUS, op.cit., p. 51.
36
Intra-industry trade is defined as simultaneous, two-way exchange of goods belonging the same industry between two countries. A significant share of intraindustry trade in total trade indicates high level of development of a given country, as it usually involves goods belonging to the processing industry which is welldeveloped in industrialised countries. Intra-industry trade can be broken down into horizontal trade based on parameters other than quality (e.g. colour, brand),
and vertical trade based on the quality of goods or involving semi-finished goods necessary to manufacture a product. When a country exports certain low-quality
goods or semi-finished goods and receives products of higher quality, its intra-industry trade is defined as low-quality vertical trade; in the opposite case, it is
defined as high-quality vertical trade (cf. E. Czarny, K. ledziewska, Polski handel wewntrzgaziowy z Uni Europejsk na pocztku XXI w., March 2008, p. 4).
37
DG ECFIN, Five years, op.cit., p. 54.
32
33
34
46
47
Table 1. Changes in intra-industry trade in 20002006

2000
2001
2002
2003
2004
2005
2006
Total intra-industry trade,

of which:
28.27%
29.31%
30.55%
32.34%
37.63%
34.69%
36.00%
Horizontal
6.07%
7.33%
7.66%
7.41%
10.98%
10.03%
6.58%
Vertical (low quality)
17.56%
17.24%
17.50%
18.72%
18.29%
15.16%
18.99%
Vertical (high quality)
4.63%
4.74%
5.39%
6.21%
8.37%
9.50%
10.42%
Source: E
. Czarny, K. ledziewska, Polski handel wewntrzgaziowy z Uni Europejsk na pocztku XXI w.,
March 2008.
Studies have shown that after the accession no significant changes in the structure of intra-industry trade between Poland and EU-15 were recorded, and low-quality
vertical trade still dominated. Therefore, Poland did not become an equal partner for
EU-15. In the processing industry, Poland exported mainly low-processed goods, while
importing finished goods or higher-quality goods. Poland needs more time for this adjustment. Suffice it to say that it took many decades for EU-15 Member States to achieve
their current economic development, and Poland had only 20 years to implement the
necessary economic reforms38. On the other hand, two-way trade in automotive industry
improved vs. total trade, which resulted from FDI inflows. A similar trend was observed
in several other new Member States39.
At the same time, irrespective of the dominance of low-quality vertical trade,
the share of high-quality vertical trade gradually and steadily increased. It applies to
total trade with EU-15 in 20002006. It means that although Poland produced relatively
more low-quality goods than in EU-15, it gradually increased its exports of high-quality
goods requiring more advanced technologies. The reasons for this improvement in intra-industry trade included the increased FDI inflows, more free trade, and introduction
of EU technical standards after Poland gained access to EU internal market. It suggests
that the Polish economy is becoming similar to the economies of EU-15 Member States
(especially in terms of production of higher-quality goods).
E. Czarny, K. ledziewska, op.cit., p. 24.

E. Kawecka-Wyrzykowska, Evolving pattern of intra-industry trade specialization of the new Member States (NMS) of the EU: role of foreign direct investments the
case of automotive industry, Conference 5 years of enlargement, a positive sum game, Brussels, November 2008.
38
39
47
48
Inflation rate
Inflation rate was one of the main macroeconomic variables discussed before the
accession. In particular, Poles were afraid of the sharp rise in prices after the accession
resulting from the increasing indirect taxes (alignment of VAT and excise duty with EU
requirements, common customs tariff in trade with third countries), as well as quotas on
food production following the introduction of CAP.
Chart 8. Pre-accession expectations of Poles as to changes in the selected categories of product
and service prices after the accession
100%
10
6
9
80%
16
13
16
14
10
12
60%
18
18
18
13
12
12
34
33
36
36
21
28
40%
75
66
61
53
20%
42
Increase
Decrease
No change
ho
ca ne
lls
Te
le
p
Ra
d
eq io
w ui an
hi p d
te m T
go ent V
od ,
s
Us
ed
pa
ss
en
g
ca er
rs
se
ng
ca er
rs
pa
s
w
Ne
ot
h
fo ing
ot a
w nd
ea
r
Cl
ts
ar
tm
en
Ap
Fo
od
st
uf
fs
0%
Hard to say
Source: I PSOS, cit. M. Grela, Pi lat czonkostwa Polski w Unii Europejskiej ceny i inflacja, expert study for
UKIE, Warsaw 2009.
Concerns were also voiced that demand for Polish products from EU-15 Member States will increase, given the high purchasing power of EU citizens. It was expected that convergence of prices in Poland and EU would be observed after the accession.
On the other hand, it was expected that liberalisation of certain markets of products
and services (including energy, telecoms, and air transport), increased competition,
and elimination of barriers to the free flow of goods and services in the internal EU
market would drive prices down40. In 2003, the change in prices was expected to reach
40
48
49
about 3.54% immediately after the accession, and then to drop to the forecast EU
average, i.e. approx. 3.4%41.
Poles were mainly afraid of the rising prices of food. In a public opinion poll conducted by IPSOS Polska in March 200442, 75% of respondents were of the opinion that
prices of foodstuffs would rise after 1 May 2004. These concerns were raised mainly by
less wealthy persons, whose financial situation would be affected if prices of basic commodities were to rise. More than 50% of respondents were also afraid of the rising prices
of real property, clothing and footwear, as well as new cars.
Some of these concerns proved right and a considerable rise in prices was observed even before the accession. In April 2004, prices of consumer goods and services
were up by 0.8% vs. March. Annual inflation rate was up from 1.7% in March to 4.6%
in July 200443. The rise in inflation rate after the accession was therefore higher than
expected by experts44, but lower than expected by the public opinion in Poland.
In 2004, prices of foodstuffs rose significantly from 3.3% in March to 9.1% in
July. It resulted mainly from the rise in prices of meat, especially poultry, as well as sugar, oil, and other fats. Considerable increase was recorded for electricity prices, which
resulted from the rising prices of mineral fuels (mainly crude oil and coal) and the increased profit margins of fuel suppliers. Many manufacturers (in particular in the food
and agricultural sector) increased the volume of their exports to EU-15, where prices of
products were higher. This increased exports volume reduced domestic supply of these
products and accelerated the rise in their prices. In the following months, changes of
CPI45 slowed down to 4.44.6%, in line with the evolution of food prices.
In the period 20052006, inflation rate in Poland was low (the lowest of all new
Member States) and relatively stable. It increased significantly in 2007, which resulted
from the increase in domestic demand (along with the rise in salaries) and the level of
global prices of energy carriers and food (to a large extent on a speculative basis). Prices
of these product groups affected costs of production of other goods. It was experienced
not only by Poland, but by other Member States as well.
From the five-year perspective of Polands membership in the EU it may be concluded that the sharp temporary rise in prices observed in the first months after the acIbid., p. 145.
Oczekiwania Polakw dotyczce cen po wstpieniu Polski do Unii Europejskiej, IPSOS, March 2004.
43
M. Grela, Pi lat czonkostwa Polski w Unii Europejskiej ceny i inflacja, expert study for UKIE, Warsaw 2009, p. 3.
44
Office of the Committee for European Integration, Bilans, op.cit., p. 145; p. Makarova, W. Haremza, Ocena inflacji bazowej dla roku 2004, the Gdask Institute
for Market Economics, 2004, p. 6.
45
CPI Consumer Price Index.
41
42
49
50
cession was reversed within one year. Since then, the impact of EU membership on the
level of prices in Poland has been rather moderate. The faster growth in prices immediately after the accession had several reasons. First of all, increase was recorded in domestic
demand (resulting from the expected high rise in prices after the accession). In this case,
one may talk about the mechanism of self-fulfilling prophecy. Consumers who expected
the rise in food prices started to buy more products; as a result, their prices began to rise.
In consequence, there was a sharp increase in the price of sugar, as Poles would buy
excessive amounts of sugar at excessively high prices.
Chart 9. CPI inflation and core inflation rates in 20032008
6
5
4
3
2
1
0
Net
8
-0
Ju
l
08
nJa
7
l-0
Ju
07
nJa
6
l-0
Ju
06
nJa
5
l-0
Ju
05
nJa
4
-0
nJa
CPI
Ju
l
04
3
-0
Ju
l
Ja
n-
03
Excluding energy and food prices
Source: M
. Grela, Pi lat czonkostwa Polski w Unii Europejskiej ceny i inflacja, expert study for UKIE,
2009.
In addition, new rates of indirect taxes (cigarettes, childrens clothing, household

cleaning products, LPG46) were combined with mechanisms and rules of the common
customs tariff (CCT) (e.g. customs tariffs for citrus fruits or fish). Only these regulations
temporarily affected the inflation rate in the first five years after the accession, but to
a much smaller extent than in 2004. Demand factors resulting in the rise in prices in the
long term included: inflow of foreign capital and structural funds, as well as high rate of
economic growth.
46
50
Liquefied Petroleum Gas.
51
The accession had a moderate effect on the convergence of prices in Poland and
in EU-15, and this effect did not consist in the rise in prices in all cases. Prices of certain
products, such as clothing and footwear, dropped after the accession in 2008, their
prices still dropped by 6% per annum47.
Liberalisation of certain markets and elimination of customs duties resulted in
a significant drop in prices of some products and services (e.g. transport vehicles, transport services). In addition, the strengthening of PLN vs. USD and EUR slowed down
the increase in prices. As a result, consumers and enterprises alike could buy cheaper
(in PLN) imported goods and services (e.g. passenger cars and delivery trucks). To some
extent, the strong PLN counterbalanced the effects of global rise in prices of energy inputs on fuel prices in Poland.
The impact of the accession on the increase in prices would have been higher
if Poland had followed recommendations of the European Commission and liberalised
prices for all groups of electricity and gas consumers48. The EU attaches great weight to
liberalisation of these markets, which was highlighted in the Lisbon Strategy. In the next
several years to come, electricity prices in Poland will be determined by the market alone, and the resulting rise in electricity tariffs will impact the level of prices throughout
the Polish economy.
Prosperity and household income

The improved financial situation of Poles (with the exception of effects of the
global financial crisis) following the accession can be attributed to a number of factors.
It resulted primarily from the faster economic growth and higher employment rates
recorded by businesses in Poland and abroad, and thus from the higher income of their
employees. Secondly, the financial situation of Poles improved in line with changes in
the domestic labour market and as a result of high rates of labour migration to more prosperous Member States that had opened their labour markets to the new Member States.
And finally, the financial situation and prosperity of agricultural producers improved
because of Polands participation in CAP and tendencies in global prices of agricultural
products.
47
48
A. onowski, Wpyw, op.cit., p. 24.

Cf. chapter on Energy.
51
52
The improved financial situation of Poles resulted from the rise in salaries
and increased their purchasing power. Chart 9 presents the evolution of average
salaries and indicates that after the accession, salaries increased faster than in the
period of 2 years before the accession. However, a steep rise in income was observed
only in 2007. In 2000, the average monthly salary totalled about 1924 PLN, in 2004
it increased to about 2290 PLN, and in 2007 and 2008 it reached 2691 and 2944 PLN,
respectively49.
Chart 10. Evolution of the average annual salary in the period 20002008
14.0%
12.0%
10.0%
8.0%
6.0%
4.0%
2.0%
0.0%
2000
2001
2002
2003
2004
2005
2006
2007
2008
Source: Own study based on data provided by Central Statistical Office.
This sharp rise in average salary in 2007 and 2008 can be explained by the convergence of salaries in Poland and other Member States, which resulted, among others,
from FDI inflows and the economic upturn in Poland, increasing the demand for labour.
Labour migration opportunities, resulting from the partially free flow of persons, significantly reduced the number of workers who would agree to work for the same pay as
before. Faced with the choice of whether to work and make money in Poland or abroad
(e.g. in the UK or Ireland), often many people decided to leave Poland to work abroad50.
As a result, those who stayed in Poland could put greater pressure on employers and demand higher salaries. Prices of many services in Poland went up for instance rates for
home refurbishment services.
GUS, Zatrudnienie i wynagrodzenia w gospodarce narodowej w IIII kwartale 2008 r., December 2008, http://www.stat.gov.pl/cps/rde/xbcr/gus/PUBL_pdl_zatrudnienie_wynagrodzenia_I-IIIkw_2008.pdf; http://www.stat.gov.pl/gus/45_1630_PLK_HTML.htm.
50
Cf. chapter on Migrations.
49
52
53
The financial situation of Poles improved not only as a result of the rise in salaries
and shortage of labour in the local market. Families of labour immigrants became beneficiaries of the accession they received transfers of funds from their spouses, siblings, or
parents working abroad. Farmers covered by CAP and rural development programmes
also benefited from the accession. In terms of income, retirees and disability pensioners
benefited the least from Polands membership in the EU.
With time, the rise in salaries had become more obvious for Poles. In 2004, only
9% of respondents claimed that EU membership had a positive effect of the amount of
their salaries and wages, but in 2008 this share reached 42% (up by 33%)51. In addition,
the number of persons claiming that it was easier to find jobs in Poland after the accession also increased. In May 2008, 71% of respondents claimed that the accession had
a positive impact on the number of jobs (up by 21% vs. 2004)52.
In late 2008, Poles did not experience any effects of the global financial crisis on
the labour market and amount of salaries yet. However, the first signals of mass reductions of headcount and other methods of cost reduction (including reduction of working
hours and salaries) were observed back then; still, these signals were rather limited and
loosely connected with the accession. In January 2009, the average monthly salary was
down by about 7% vs. December 2008, but was still higher than in January 200753. In
addition, many businesses in Poland entered into currency option contracts and consequently faced the threat of bankruptcy and mass reductions of their personnel.
Foreign direct investments in Poland

According to broadly endorsed expectations, Polands accession to the EU would result in the increased inflows of foreign capital in the form of foreign direct investments. The pre-accession forecasts indicated that in 20042005 FDI inflows would
reach about 10 bn EUR annually, and would increase to 1516 bn EUR annually in
2013201454.
SMG/KRC for DA UKIE, October 2004; GfK Polonia for UKIE/DA, May 2008.
Ibid.
53
http://www.stat.gov.pl/gus/45_1786_PLK_HTML.htm
54
51
52
53
54
Chart 11. Total FDI inflows to Poland, 1999200855

18.00
1.6
1.36
16.00
1.2
1.08
0.95
1.0
10.00
8.00
0.67
6.00
4.00
0.63
0.65
6.82
1999
15.58
2000
0.6
2001
9.28
8.26
6.37
4.37
4.31
2002
2003
FDI inflows to Poland (EUR bn)
0.8
16.58
10.30
10.33
2.00
0.00
0.95
12.00
EUR bn
1.4
1.24
1.2
14.00
0.4
0.2
2004
2005
2006
2007
IIII Q2008
0.0
Share of FDI inflows to Poland in global FDI inflows (%)
Source: N
BP, Zagraniczne inwestycje bezporednie w Polsce w 2003 r., Warsaw, December 2004; NBP, Zagraniczne inwestycje bezporednie w Polsce w 2007 r., Warsaw, January 2009; NBP, http://www.nbp.pl/
statystyka/Bilans_platniczy/bop_kw_2000_2008.xls; data provided by UNCTAD, own calculations.
As a result of the accession and stable economic situation, Poland enjoyed a more
positive image as a reliable country attractive for investors56. In 20042007, the value of
FDI inflows was much higher that in the five-year pre-accession period, reaching nearly
51 bn EUR. It means that the average annual value of FDI inflows in the analysed period
reached 12.68 bn EUR. In comparison, the inflows of FDIs in 19992003 reached 32.2
bn EUR, i.e. 6.44 bn EUR per year on average. The FDI inflows reached record-breaking
levels in 2006 and 2007, respectively 15.58 bn EUR and 16.58 bn EUR, exceeding 5% of
GDP in this period57. It means the pre-accession forecasts of the increased FDI inflows
proved right, and the value of capital inflow in the form of FDIs reached the expected
levels even earlier. Given the economic downturn, preliminary estimates indicated that
this rate of FDI inflow to Poland would slow down in 2008.
One can note that the increase in FDI inflows was observed after the accession
not only in absolute terms, but also in relative terms. The share of FDIs directed to Poland in global FDI inflows in the pre-accession period 19992003 slightly exceeded 0.7%,
but increased to over 1.1% in 2004200758.
As a result of changes in methodology, in 2004 FDIs included not only other loans granted/received between related parties, but also trade loans. For comparison
purposes, 2003 data includes trade loans. In 2006, FDIs included real property investments. For comparison purposes, 2005 data includes real property.
56
Information on Polands rating is presented in the following part of this chapter dealing with the Polish financial sector.
57
NBP, Zagraniczne inwestycje bezporednie w Polsce w 2007 r., Warsaw, January 2009, p. 15.
58
Own calculations based on data provided by NBP, UNCTAD.
55
54
55
Following the accession the FDI inflows to Poland increased from both the EU
Member and third countries. In absolute terms, in 20042007 the inflows of investments
from EU-15 exceeded 41 bn EUR, much more than before the accession (over 28 bn EUR
in 19992003). The share of EU-15 in the total inflow of FDIs to Poland dropped after the
accession from nearly 90% in 19992003 to just under 82% in 20042007, but it resulted
mainly from the increased interest in investments in Poland among investors from third
countries59. On the other hand, total FDI inflows from EU-10 in 20042007 were limited,
reaching 1.89 bn EUR, i.e. under 4% of total FDI inflows in this period60. As regards EU15 investors, in both periods the majority of FDIs came from Germany, France and the
Netherlands. It should be noted that after the accession, a significant increase in FDI inflows from Luxembourg was recorded, which was probably connected with investments
made by investment funds registered in Luxembourg.
Chart 12. Geographical structure of FDI inflows to Poland, 20042007
Non-EU-25 countries
14%
Denmark
3%
Austria
3%
Sweden
4%
Other Member States

11%
Spain
5%
Italy
5%
UK
5%
France
11%
Germany
15%
Luxembourg
13%
Holandia
11%
Source: O
wn calculations based on NBP, Zagraniczne inwestycje bezporednie w Polsce w 2007 r., Warsaw,
January 2009.
Polands accession to the EU and good results recorded by businesses operating in

Poland encouraged investors to invest in the further development of enterprises in our
country. As a result, the value of reinvested profits in 20042007 increased in compari59
60
For more information on FDIs in Poland from non-EU countries, see chapter Poland in the globalised world..
Own calculations based on NBP, Zagraniczne, op.cit.
55
56
son with 19992003. It means that the Polish economy is becoming mature FDIs in the
form of reinvested profits are increasing in importance61. In the analysed pre-accession
period, the category of reinvested profits affected the total value of FDIs in Poland negatively. It could result from the early stage of investment development, which made it
impossible for investors to generate profits or investors were not willing to invest their
funds in Poland and focused on the transfers of funds outside of Poland62. After the accession, reinvested profits reached nearly EUR 19 bn, which means that their share in
the total amount of FDIs was significant63. Starting from 2005, investor loans started to
play a key role in the structure of FDIs in Poland, which also confirms the good image of
Poland among foreign investors.
However, the inflows of FDIs to Poland cannot be analysed only based on the
effects of EU accession. Other factors that investors would consider included access to
highly qualified staff, relatively low labour costs64, strategic location of Poland, and investment incentives offered e.g. in special economic zones (SEZs). It should be noted,
however, that after the accession Poland had to introduce and apply EU regulations on
public aid. The maximum amount of public aid depends on its type: regional, horizontal,
or restructuring, as well as on the enterprise size. As a result, the rules of tax exemptions
granted to enterprises operating in SEZs were changed. The maximum level of public
aid now depends on the type of enterprise (small, medium, or large) and the duration
of authorisation to operate in a SEZ. SMEs that had been authorised to operate in SEZs
before 1 January 2001 can apply full income tax exemptions for the first 10 years of their
operation in SEZs, and subsequently a 50% tax relief until the end of 2011 and 2010,
respectively. Other SMEs and large enterprises were entitled to public aid in SEZs up to
a certain level of regional support defined in a regional aid map for Poland65.
When analysing FDI inflows we should also consider other factors, including
international aspects. They include the national and global economic situation or
changes in the global flows of FDIs. Both before and after the accession, changes
in FDI inflows were related to changes in its economic cycle66, and the direction of
G. Hunya, How to assess the impact of FDI on an economy, OECD, 27 June 2007, p. 6.
For instance, in 2003 the amount of reinvested profits by foreign direct investors in Poland was -0.074 bn EUR, compared to 6.61 bn EUR in 2007. Source: NBP,
Zagraniczne inwestycje bezporednie w Polsce w 2007 r., Warsaw, January 2009.
63
Own calculations based on NBP, Zagraniczne, op.cit.
64
The analysis of the structure of FDIs in Poland by sector shows that the majority of FDIs were directed to the industrial processing sector where low costs of
labour are of key importance.
65
A.A. Ambroziak, Funkcjonowanie specjalnych stref ekonomicznych w Polsce w obliczu zmian warunkw udzielania pomocy regionalnej, [in:] Gospodarka Polski
wUnii Europejskiej w latach 20042006, ed. H. Bk, G. Wojtkowska-odej, Warsaw 2007, p. 227.
66
In the pre-accession period, the growth in GDP reached 1.4% in 2002 and 3.9% in 2003, while the inflows of FDIs decreased from 4.37 bn EUR in 2002 to 4.31
bn EUR in 2003.
61
62
56
57
changes in GDP and FDIs were the same after the accession67. After the accession,
investments in real estate reached an unprecedented scale, which also reflects the
overall global trends. Beyond any doubt, the financial and economic crisis whose
effects came into play in H2 2008 affected the level of investments. It was reflected
in the preliminary estimates of FDI inflows to SEZs. Negative effects of the global
economic downturn on investment processes in Poland were included in forecasts
from early 2009, which indicated that the value of investments in SEZs would be
reduced to 6.2 bn PLN in 2009, compared to 12.6 bn PLN declared by entrepreneurs
in 2008. In addition, the number of authorisations to operate in SEZs is expected to
be reduced from 207 in 2008 to 138 in 200968.
Based on this analysis it may be concluded that during first years of Polands
membership in the EU an increase in FDI inflows was recorded. However, the structure
of business activities of enterprises investing foreign capital in Poland was not uniform
throughout the country. In 2007, 61% of these enterprises were located in the provinces
of Mazowieckie, Dolnolskie, laskie and Wielkopolskie, and only 1% in each of the
provinces of Warmisko-Mazurskie, Podlaskie and witokrzyskie, and 2% in Podkarpackie and Lubelskie69. Having in mind the importance of global and national factors
influencing the level of FDIs in Poland, it seems that EU membership was the key reason for the intensive FDI inflows70. The increase in FDIs after the accession both from
EU Member States and from third countries confirms this conclusion. The stability of
business operations improved, and investment risks in Poland were considerably reduced. FDIs enabled the dynamic development of production of LCD screens and white
goods, and Poland has become an important exporter of cars71. In the first five years of
Polands membership in the EU, more foreign investors regarded Poland as an attractive
location for their R&D and logistics centres72. As a result, FDIs have become a key factor
supporting Polands economic development, and improved the efficiency of operation,
diffusion of technologies, as well as production and exports of more capital-intensive
highly-processed goods. In the year of accession, the FDI inward stocks as a percentage
of GDP reached 25.4% and increased to 33.8% in 200773.
A. onowski, Wpyw czonkostwa Polski w UE na bezporednie inwestycje zagraniczne w Polsce, expert study for UKIE, Warsaw, February 2009.
A. Woniak, Inwestycje w strefach bd o poow mniejsze, Rzeczpospolita, 9 January 2009.
A. onowski, op.cit.
70
Ibid.
71
72
For instance, BSH corporation (Bosch und Siemens Hausgerte) opened its R&D and IT Services Centre in 2007 in d, and Parkridge from the UK and Tiner
from Portugal opened their logistics centres in Kty Wrocawskie.
73
United Nations Conference on Trade and Development, World Investment Report, New York, Geneva, 2005, 2008.
67
68
69
57
58
Polish financial sector

The Polish financial sector had been gaining in importance already in the pre-accession period. EU membership was another impulse for its development and the closer
integration of the Polish financial market and financial markets of other Member States.
The value of assets of the Polish financial sector had been on the increase already
in the pre-accession period, and this trend was continued after the accession. In 2006,
this increase reached a record-breaking level of 22.4% per annum. In addition, the level
of financial intermediation (financial system assets as percentage of GDP) increased from
78.6% in 2004 to 104.0% in 200774. However, the level of financial intermediation in
Poland is still lower than in other Member States75.
Chart 13. Assets of financial institutions in Poland, 19992007
1400.0
25.0
22.4
21.4
1200.0
18.7
1000.0
20.0
16.6
15.0
13.4
13.2
PLN bn
15.1
800.0
600.0
9.6
1214.8
1023.0
400.0
200.0
0.0
402.3
1999
488.4
2000
553.0
2001
Assets of financial institutions

(in PLN bn)
640.3
726.3
5.0
584.0
2002
10.0
835.9
5.6
2003
2004
2005
2006
2007
0.0
Increase in assets of financial institutions (YoY, %)
Source: N
BP, Rozwj systemu finansowego w Polsce w 2005 r., Warsaw, November 2006; NBP, Rozwj systemu finansowego w Polsce w 2007 r., Warsaw, November 2008.
Banking sector is the key element of the Polish financial system, but the level of its
development is still relatively low. The banking sector assets to GDP ratio increased from
about 58% in 2003 to about 68% in 2007, and probably about 75% as at the end of 2008,
NBP, Rozwj systemu finansowego w Polsce w 2007 r., Warsaw, November 2008, p. 1.
In comparison, in 2007 the level of financial intermediation in the EUR zone reached 435.8% of GDP, in Hungary: 140.6% of GDP, and in Czech Republic:
134.2% of GDP. Source: Ibidem.
74
75
58
59
but this ratio was still the lowest of all Member States76. In the past several years, share
of the banking sector in total assets of the Polish financial sector dropped from 76.5% in
2003 to 65.4% in 2007. At the same time, the value of assets of investment funds increased
from 5.2% in 2003 to 11.0% in 2007; the same applies to open pension funds and insurance
companies77. In 2008 and 2009, situation on the Polish financial system was affected by the
difficulties of the global financial markets and economic downturn. 2008 saw a particularly
high increase in the value of assets of the banking sector, resulting from high interest rate
of bank deposits. Other forms of investments became less attractive, which resulted in
a slower increase in the value of assets held by investment funds.
Polands accession to the EU resulted in the closer links between the Polish financial sector and financial markets of other Member States. As indicated in Table 2, the
number of subsidiaries of credit institutions from EU Member States dropped slightly
in 20032007, but their total assets more than doubled. In addition, foreign institutions
opened more branch offices in Poland. In 2003, credit institutions from EU Member States had no branches in Poland, but in 2007 the total of 14 branches operated in Poland
and their total assets exceeded 9.5 bn EUR78. The share of institutions representing EU
Member States in the total assets of the Polish banking sector proves that the level of
their involvement was high. As at the end of 2007, total assets of banks with the majority
interest held by foreign capital, including branches of credit institutions, reached 70.9%
of total assets of the Polish banking sector, of which 62.6% from EU Member States
mainly Italy (17.4%), the Netherlands (10.9%), and Germany (9.3%)79.
Table 2. Activities of credit institutions from EU Member States in Poland, 20032007
2003
2004
2005
2006
2007
Number of branches of credit institutions

from EU Member States in Poland
12
14
Total assets of branches of credit institutions

from EU Member States in Poland (in EUR mln)
834
1419
5527
9626
Number of subsidiaries of credit institutions

from EU Member States operating in Poland
35
32
33
31
32
Total assets of subsidiaries of credit institutions

from EU Member States operating in Poland (in EUR mln)
64 995
81 190
93 445
109 537
136 960
Source: European Central Bank, EU banking structure, October 2008.

Information from the Polish Financial Supervision Commission, Warsaw, January 2009.
NBP, Rozwj systemu finansowego w Polsce w latach 20022003, Warsaw, December 2004; NBP, Rozwj systemu finansowego w Polsce w 2007 r., Warsaw,
November 2008.
78
European Central Bank, EU banking structure, October 2008, p. 45, 46.
79
Information, op. cit., 2009.
76
77
59
60
The perspective of EU membership, and later the accession itself, had a positive
impact on Polands reliability and confidence of foreign investors in Polish financial
markets. The increasing stability of the Polish economy was reflected by decisions of
rating agencies. At the end of 2002, Moodys upgraded Polands ranking from Baal to A2,
and in 2007 Fitch and Standard & Poors moved Poland from BBB+ to A80.
With Polands accession to the EU and its improved ratings, the value of foreign
portfolio investments in Poland increased after the accession. In 2003, the value of capital located in Polish debt securities reached nearly 22 bn EUR and exceeded 72.5 bn EUR
as at the end of 2007. Similarly, the value of equity securities held by foreign investors
increased from over 5 bn EUR to over 33 bn EUR in this period. In 2008, this upward
trend in foreign portfolio investments was reversed investors started to withdraw their
capital from Poland81.
The flow of capital to the Warsaw Stock Exchange (WSE), including foreign capital, was not interrupted. This increased confidence and demand for securities at the WSE
started much earlier. Several weeks before the referendum held on 78 June 2003, after
optimistic public opinion polls regarding EU membership, WSE recorded an increase in
stock exchange transactions, indicating intensified domestic and foreign demand. It was
the year that saw the first foreign company ever, Bank Austria Creditanstalt, registered
at the WSE. It was an indication that in view of Polands accession to the EU, WSE gained in importance and prestige. 2004 was the starting point of nearly 5 years of economic upturn, although good results recorded at the WSE were attributable not only to the
accession, but also to the upward trends in stock exchanges around the world.
Speculative capital is characterised by high mobility and low stability. As a result,
experts expected the possible sudden flight of speculative capital from the WSE. And
indeed in 2008, in light of the financial crisis that quickly turned into the global economic crisis, international financial corporations started to withdraw their capital from
emerging markets. Emerging countries, including Poland, were affected by the flight of
capital from their stock exchanges in the period when the avoidance of risks was the key
decision-making factor. In 2004, capitalisation of companies listed on the WSE dropped
by over 40%. In early 2009, this trend continued. This downward trend can be linked to
EU accession only partially; on the other hand, the impact of globalisation of the financial sector on the stock exchange was beyond any doubt. In addition, we must not forget
80
81
60
World Bank, EU 10 Regular Economic Report, February 2009, p. 9.

A. onowski, Wpyw, op.cit., p. 19.
61
that it occurred after a period of the overall upturn at the WSE, so in fact the accession,
and globalisation in general, had a positive impact on the WSE.
Chart 14. Annual capitalisation (Polish and foreign stocks and bonds) of the Warsaw Stock
Exchange, 20002008
1 600
60.0%
1 400
40.0%
1 200
20.0%
1 000
800
0.0%
600
20.0%
400
40.0%
200
0
2000
2001
2002
2003
Stock exchange capitalisation

(PLN bn)
2004
2005
2006
2007
2008
60.0%
Annual change in capitalisation
Source: WSE, http://www.gpw.pl/zrodla/informacje_gieldowe/statystyki/Gpwspl.html.
Good ratings of the Polish economy assigned by rating agencies were important
in the period of the international financial and economic crisis, whose effects came into
play in the fifth year of Polands membership in the EU. It was very important that the
Polish economy was considered a stable and dynamically developing economy, as Poland was still classified as an emerging country, which could discourage investors from
locating their funds in Poland both in the form of foreign direct investments and acquisitions of securities.
The financial crisis that emerged in August 2007 in the USA and hit the financial
markets with its full force in H2 2008 turned out to be a global problem. Therefore, its
scale in a given country did not depend on its membership in the EU. Both EU Member
States such as Hungary and Latvia, and third countries such as Iceland82 and Russia, suffered greatly from the effects of financial crisis.
Poland also experienced these problems, but on a much smaller scale. In the
Polish financial markets, global financial crisis manifested itself through reduced confi82
Iceland is a member of the European Economic Area (EEC).
61
62
dence among financial institutions, limited financing options, and the resulting increase
in the costs of financing. Poland did not experience any symptoms or events resulting in
a breakdown of the main global financial markets, such as capital involvement in highrisk financial instruments83 or financial instruments based on sub-prime loans. Although
the increase in consumer loans in 2007 led to the situation when for the first time ever
the value of loans granted to the non-financial sector exceeded the value of deposits, but
it did not affect the quality of assets of the Polish financial sector84.
EU accession contributed to the increase in openness of the Polish economy and
strengthened its links with markets in other countries. At the same time, Poland became more exposed to the risks of financial crisis in global markets, including markets in
Member States. On the other hand, EU accession made it possible for Poland to participate in the creation of solutions at the EU level to counteract the negative effects of
the global financial crisis and implement these solutions in the national market. For
instance, on 21 December 2007, the Minister of Finance, President of the National Bank
of Poland (NBP), and Chairperson of the Polish Financial Supervision Authority (PFSA)
signed an agreement establishing the Financial Stability Committee85, in order to secure co-operation among the above authorities with the view to supporting stability of
the Polish financial system. By signing this agreement Polish authorities implemented
also recommendations adopted by Economic and Financial Affairs Council (ECOFIN)
and Economic and Financial Committee (EFC) on the development of national solutions
on crisis management86. In addition, in accordance with conclusions of ECOFIN Council of 7 October 2008, the Polish Bank Guarantee Fund Law was amended. Under this
amendment, 100% guarantees for bank deposits were increased to 50 thousand EUR. In
addition, as a Member State, Poland participated in activities aimed at the restructuring
of the international financial system architecture. The European Union is represented in
G-20 group87, whose meetings in Washington (November 2008) and in London (April
2009) were devoted to reforms of the international financial system.
It should be noted that the accession increased Polands reliability in the international arena and created an opportunity for Polands economic development. In the
One exception is a problem of option contracts concluded by Polish companies to hedge foreign exchange risks. As PLN weakened in relation to other currencies,
the value of their liabilities arising from these contracts increased considerably.
84
This increase in demand for loans resulted from the improved financial situation of households in line with the increasing employment rate and household
income, as well as the increased demand for external financing among enterprises.
85
In November 2008, a Financial Stability Committe Law was adopted, resulting in closer links between these institutions.
86
Information from NBP, Financial System Department, Warsaw, January 2009.
87
In addition to the general EU representation, the following Member States have their representatives in G-20: the UK, Germany, France, and Italy. At the G-20
meeting in Washington in November 2008, Spain and the Netherlands also had their representatives.
83
62
63
first five years of EU membership, Poland was able to use the most of this opportunity. In
addition, a well-balanced economic policy and strengthening of the foundations of the
Polish economy reduced the scale of the global financial crisis in Poland. However, as
the experience of certain Member States shows, EU membership had a relatively limited
effect during the financial and economic crisis if combined with inappropriate economic
policy at the national level. The role of Polish authorities in counteracting the negative
effects of global financial crisis, such as the adoption of a regulatory package and confidence package of NBP, should also be emphasised. As mentioned before, these actions
often resulted from decisions which were and taken at EU level, forming constituted
a joint, coordinating response of Member States to the global financial crisis. After all,
EU membership and the resulting access to EU funds was a factor that mitigated the scale
of crisis in Poland, also in real terms.
Polish tax system

Polands accession to the EU required an alignment of the national tax system
with the EU legal requirements88. Given the existing harmonisation of tax regulations,
options for the amendment of the Polish tax system by the Polish authorities were limited after the accession. In the EU, harmonisation of national tax systems is focused
mainly on indirect taxes89. The degree of harmonisation of direct taxes at the EU level is
limited and consists primarily in the rule of non-discrimination against other Member
States. To a large extent, direct taxes depend on decisions of Member States.
Adjustments of the Polish tax laws were related mainly to indirect taxes, including Value Added Tax (VAT) and excise duties90. As a result, a number of changes in
VAT, e.g. change in tax rate on building materials and childrens clothing from 7% to
22%, were introduced in 2004. As the customs border between Poland and other Member States was eliminated, exports and imports of goods from and to EU Member States
are now qualified as intra-Community supplies and acquisitions of goods. It involved the
The alignment process had started already before the accession Art 69 of the Europe Agreement, establishing an association between the European Communities and their Member States, of the one part, and the Republic of Poland, of the other part, in Chapter III Approximation of laws listed the tax system as a specific
area for approximation of laws. Also after the accession, works were carried out to eliminate discrepancies between the national and Community tax regulations
for instance, irregulations in real property taxes were eliminated as of 1 January 2009.
89
Harmonisation of laws on indirect taxes will ensure the optimum functioning of EU internal market; it is based on Art. 9093 of the Treaty establishing the
European Community (EC Treaty).
90
The key actions aimed at the harmonisation of laws on indirect taxes included the adoption of two acts: the Law of 11 March 2004 on Value Added Tax, and
the Law of 23 January 2004 on excise tax.
88
63
64
introduction of new mechanisms, such the verification of customer status and application of special intra-Community procedures, such as tax warehouses and internal transit91. Introduction of tax warehouses and special tax supervision mechanisms reduced irregularities in the transfer of goods subject to excise duties and limited the grey area92.
As regards direct taxes, based on the Community legislation, Poland introduced
regulations on taxation applicable to mergers, divisions, transfers of assets and exchanges of
shares, as well as exemptions from withholding tax on dividends paid by Polish companies
to businesses having their registered offices in the EU93. Approximation of the Polish laws
on taxes on capital in companies had a positive impact on the establishment and recapitalisation of companies. It should be noted, however, that EU Member States still have different tax systems for their enterprises, which leads to tax competition within the EU.
Given the specific nature of VAT, statistical and fiscal reporting does not provide
the sufficient basis to estimate the financial consequences of changes in tax rates and scope
of taxation resulting from the accession. One-off reduction of VAT income resulting from
the shift in inflows was recorded in the first year of Polands membership in the EU94.
Polands accession to the EU did not have any significant impact on the level and
rate of growth of the total state budget income from excise tax. The accession and the
resulting increase in the number of passenger cars brought to Poland (based on the elimination of customs duties and VAT on used passenger cars) increased the income from
excise duties on cars95. However, it had a limited effect on the amount of excise duties
income, as the share of income from excise duties on cars in the total income from excise
duties was small (3.7% in 2004)96. In July 2008, the Law on the return of overpaid excise
duties on intra-Community acquisitions or imports of passenger cars was introduced.
This Law regulated the returns of excise duties on passenger cars brought to Poland in
the period from 1 May 2004 to 1 December 200697. By the end of 2008, the amount of
excise duties returned under this Law totalled about 104 mln PLN98.
It must be emphasised that in the five-year period of Polands membership in
the EU, tax matters were and will remain an important element of the EU economic
agenda, and Poland became entitled to actively participate in the creation of the ComErnst & Young, Wpyw czonkostwa Polski w Unii Europejskiej na polski system podatkowy i konkurencyjno podatkow Polski, expert study for UKIE, Warsaw
2009.
92
Information from the Ministry of Finance, op.cit.
93
Ernst & Young, op.cit.
94
95
Regulations on excise duties on passenger cars are not harmonised at the EU level.
96
Information from the Ministry of Finance, Financial Policy, Analysis and Statistics Department, Warsaw, February 2009.
97
This Law implemented judgement C-313/05 of the Court of Justice of the European Communities.
98
91
64
65
munity tax policy. Tax on energy products, including engine fuels containing biofuels, is
one example of this policy. Unification of these regulations has a positive impact on the
functioning of the EU internal market and makes it impossible to use strategic products
as instruments of discrimination99.
Impact of the enlargement on the EU

The European Union is currently one of the main global economies, accounting
for more than 30% of the worlds GDP100. EU also has a strong position in global trade.
In 2007, its share in global imports reached 19%, and its share in global exports exceeded
17%101.
Still, the enlargement had no fundamental impact on the basic economic indicators of the EU, as the economic weight of the new Member States was relatively small102.
In 2004, the share of EU-15 in total GDP of the EU (in EUR mln) reached 94.6%, and
forecasts for 2009 indicated a slight decline of this share to 92.1%103.
After the enlargement, differences between the level of GDP per capita in old
and new Member States remained. According to Eurostat, forecasts of GDP per capita
for EU-15 for 2009 totalled 30.7 thousand EUR and were higher that the average GDP
per capita for EU-27 (26.5 thousand EUR). As a result, the gap between the EU and the
USA in income per capita was still visible (EU-27 = 100, USA = 154.3)104. However, in the
past several years, the majority of new Member States recorded higher growth rates than
EU-15. The group of the new Member States was not uniform differences in their GDP
per capita remained, and some new Member States, especially Baltic States, experienced
the economic downturn in 2008.
Still, the enlargement has had a positive impact on growth both in the old and
new Member States. It is estimated that the accession process boosted economic growth
in the new Member States by about 1.75% each year during the period 20002008. The
economic growth in the new Member States reached 5.6% on average in 20042008 vs.
Ibid.
European Commission, Five years of an enlarged EU Economic achievements and challenges, COM(2009) 79 final version, Brussels, 20 February 2009, p. 3.
Eurostat.
102
European Central Bank, The EU economy following the accession of the new Member States, Monthly Bulletin, May 2004, p. 49.
103
Both in 2004 and in the period of five years after the enlargement, Poland had the highest share in total GDP of the EU, respectively 1.9% and 3.2%. Source:
Eurostat, update from 7 February 2009.
104
European Commission, Communication from the Commission on the European Competitiveness Report 2008, COM(2008) 774 final version, Brusssels, 28 November 2008, p. 3.
99
100
101
65
66
the pre-accession period (19992003), when it reached only 3.4%105. The positive effect
of the enlargement on growth was also visible in EU-15, in particular in those old Member States that increased trade with and investment in the new Member States.
All Member States recorded an increase in trade after the enlargement vs. the preaccession period, also based on the intensification of globalisation processes. In the new
Member States, the average annual growth rates of trade volumes in 20042007 reached
12.8%, compared to 9.4% in 19992003; in old Member States, these figures totalled
6.0% and 4.4%, respectively. The enlargement has had a positive impact on trade in the
EU, as the openness (average GDP share of exports and imports) increased in both the
new Member States (from 47% in 19992003 to 56% in 20042008), and the old Member
States (from 34% to 38%). After the accession, the share of low-technology industries in
the structure of manufacturing exports of the new Member States dropped from 31% in
1999 to 21% in 2006. On the other hand, the share of manufacturing exports of mediumhigh-technology industries and high-technology industries increased, reaching levels
similar to those recorded by the old Member States. It should be noted that after the
accession, integration of trade between new Member States developed quickly in 2007,
19.5% of exports of new Member States were directed to other countries in this group
(compared to 14.1% in 2003). The new Member States became important partners also
for EU-15. In 2003, 5.7% of exports of old Member States were directed to new Member
States, and in 2007 this share increased to 7.5%106.
The accession of new Member States to the EU also increased investment opportunities for businesses from old Member States; they could locate their funds in the enlarged internal market of the EU and take advantage of the stable conditions for business
activities in the new Member States. As a result, the enlargement strengthened the competitiveness of enterprises from EU-15 and helped to maintain jobs in the national labour markets. In some sectors (e.g. machinery, furniture, medical instruments, chemicals,
and wood), investments in the new Member States were associated with the increased
employment rates in EU-15107. Concerns raised in the pre-accession period regarding the
negative implications of the enlargement for relocation were therefore unfounded.
It should be borne in mind that foreign direct investments from EU-15 in the
new Member States were often located in the financial sector, which had a positive effect
on the development of their financial systems. The significant share of foreign entities in
105
106
107
66
DG ECFIN, Five years, p. 2933.

Ibid., p. 32, 5359.
European Commission, Pive years, op.cit., p. 7.
67
the financial sector of the new Member States intensified the mutual financial relations
between these countries and EU-15.
Conclusions
It is possible to evaluate the first medium-term effects of the accession based on
the first five years of Polands membership in the EU. Therefore, the paragraphs above
contain an analysis of the macroeconomic effects of Polands membership in the EU,
including the alignment of the Polish financial and tax system introduced after the accession. The impact of the enlargement on the EUs economy is also discussed.
Polands membership in the EU has had major implications for the Polish economy. The accession resulted in a multi-level convergence of the Polish economy with
EU-15. This process was reflected in the increasing level of GDP or labour productivity.
In addition, the Polish economy has become more open and more integrated with economies of other Member States. This trend manifested itself (as expected already in the
pre-accession period) in the form of intensified trade between Poland and other Member
States and a higher level of foreign investments in Poland - also in the financial market.
These closer economic links between Poland and other Member States were based also on
the higher reliability of the Polish economy, resulting from the increasing macroeconomic stability and the accession to the EU. In addition, the harmonisation of regulations on
indirect taxes made it easier for cross-border businesses to operate in the internal market,
while limiting the freedom of Member States in the area of their tax policies.
The impact of Polands accession was also felt regarding the exchange rate of PLN
and, to a limited extent, changes in Polands inflation rate. The impact of the accession
on changes in prices was particularly evident at the beginning of Polands membership
in the EU. The faster rise in prices immediately after the accession resulted from a number of factors, including the increase in domestic and foreign demand, or introduction of
new rates of indirect taxes. In the long term, the increase in prices was based on changes
in the global process of energy inputs and food, as well as inflows of foreign capital and
structural funds or high economic growth rate. Almost from the very beginning, the
exchange rate of PLN begun to systematically increase, in line with expectations on
the part of experts (or sometimes even exceeding these expectations). This trend was
reversed only by the global economic crisis. It resulted from the fact that despite its EU
67
68
membership, international investors still regarded Poland as an emerging market characterised by higher investment risks.
Finally, the EU membership added to the increase in household income and general prosperity in Poland. The improvement in the financial situation of Poles resulted
mainly from faster economic growth, higher demand for labour, and partially from transfers of funds from immigrants. Another social group that undoubtedly benefited from the
accession were farmers under both the CAP and rural development programmes.
It should be borne in mind that the enlargement brought advantages not only for
Poland, but also for other Member States and third countries including opportunities
to locate capital in an attractive market, access to relatively cheap and efficient labour
force, transfers of human capital, or the relatively large and developing market.
On the other hand, as a result of the opening of the Polish economy after the
accession, Poland is more exposed to foreign economic shocks, especially in the context
of the global financial crisis and economic slowdown. At the same time, a solid national
economic policy and the EU membership have added to the stable and sustainable economic growth, which may help mitigate the effects of the global crisis in Poland.
The current developments make it difficult to formulate certain economic forecasts. Still, based on the opinions of economists and institutions forecasting the development of economies, Poland is listed as one of the few European countries that have
a chance to avoid a reduction in GDP in 2009 and is considered one of the most competitive economies in the EU.
EU membership provided a shock absorber for Poland to some extent, it protected Poland from shocks in the global economy. As part of the EU internal market, Poland
is largely protected from global protectionist policies connected with the financial and
economic crisis. Structural funds, the Cohesion Fund, and the Common Agricultural
Policy have also provided Poland with a buffer and will provide a significant contribution to the economic growth. Poland gained access to the EU aid and stabilisation funds.
Thus, in the context of the global crisis, Poland may count on the support not only from
the International Monetary Fund, but also the European financial institutions, as well
as on the joint support from other Member States. There is no need to use this aid at
present, and there are no indications that Poland might need it in the future. Still, the
fact that Poland could fall back on this option provides an additional insurance policy.
The main challenges faced by the Polish economy result from the global crisis which
emerged in the financial sector and affected the economy in general. It means that busi-
68
69
nesses including those operating in Poland find it difficult to source capital and must
cope with the reduced demand also from foreign investors. It is thus necessary for
the national authorities to follow an extremely cautious economic policy and that they
actively participate in the development of coordinated solutions at the EU level. At the
same time, it is important to promote Poland among foreign investors as a stable country
based on sound economic foundations. With the positive experience of EU membership
resulting in the opening of the Polish economy, Poland should take a firm stand against
economic protectionism.
Before the accession, Poland had assumed an obligation to adopt the common
currency, and is now looking towards its membership in the EUR zone. The introduction of the EUR will have long-term consequences for Polands economy and its citizens,
and will involve the reduction of transaction costs or the elimination of currency risks.
However, to become a member of the EUR zone, Poland must first satisfy the specific
economic convergence criteria. In the next several years, the Polish economy will have
to face challenges connected with the fulfilment of these criteria and the preparations for
functioning in the common currency area.
69
70
Agriculture and fisheries

Polands accession to the European Union in 2004 and placing agriculture and
fisheries sectors under community framework brought many challenges, which evoked
not only expectations, but also fears. Their scale was mainly the result of highly advanced European integration process in these areas. The changes resulting from the accession, especially in agricultural sector, seemed to be relatively the most far-reaching in
comparison with other policies. The accession brought substantially change to economic
conditions of agricultural production, and the implementation of the policy meant almost institutional revolution.
Expectations towards the accession process focused mainly on the opportunities
to improve economic effectiveness of the sectors, to restructure and modernize them as
well as to increase income support, diversify farming activities in rural areas and improve
trade balance. The stability of agricultural and fisheries policies was listed as an important
argument for the EU accession, which would enable better planning and increase the
predictability of the results of decisions made previously. EU membership was seen as
a chance to implement both policies also by taking measures in the area of education and
infrastructure, by boosting entrepreneurship and supporting environmental protection.
There were also fears that the accession might result in the loss of competitiveness of both sectors. In case of agriculture the fears focused on the confrontation with
competitive production of Western Europe as well as high environmental and veterinary
standards, restrictions on the sales of agricultural produce and possible elimination of
Polish food from the market. These fears were mainly driven by the general feeling that
the conditions of Poland and the EU-15 were not equal, which was related to differences
in subsidy levels granted to agricultural sector in different Member States. People also feared that foreigners might become interested in buying out agricultural land. Regarding
the fisheries, the most controversial issue was the perspective of introduction of fishing
70
71
quota in compliance with community regulatory framework and their impact on the
future of Polish fisheries.
Agriculture
The influence of accession on agricultural production
Polands entry into the European Union had a positive influence on polish agricultural production. General improvement of sector profitability encouraged farmers to
develop and intensify their production. In the post-accession period global production
has augmented (see graph 1) and in 2007 it was already 46% higher than in 2000. Unutilised agricultural areas were more frequently used for farming purposes. In 2007 setaside agricultural land and fallows constituted only 3.5% of arable land (in 2000 they
equalled nearly 12%)108. The visible increase in the acreage of cropland was also the
result of the introduction of direct payments and payments for less favoured areas which
are calculated per hectare of agricultural land.
Graph 1. Global agricultural production (in PLN bn)
100
80
60
40
20
Animal production
07
20
06
20
05
20
04
20
03
20
02
20
00
20
19
95
Global production
Source: Concise statistical yearbook, GUS (Central Statistical Office) 2008; Statistical yearbook of agriculture
and rural areas 2007, GUS (Central Statistical Office) 2008.
108
GUS, Ochrona rodowiska 2008, Warsaw 2008, p. 116.
71
72
The improvement of economic effectiveness of agriculture was the result of new

production conditions, which occurred after May 1st, 2004. As an outcome of Polands
accession to the EU the sector became subject to the mechanisms of common agricultural
and commercial policy. Changes included certain aspects of intervention policy, especially for cereal, sugar and butter markets. Subsidies for food consumption, processing
and private storage were also made available. Another step was the introduction of negotiated production quota for milk, starch, sugar and tobacco. Common rules of customs
protection and export support took effect.
Elimination of trade barriers showed high price competitiveness of national
agricultural products. Export of Polish beef to the EU countries surged. While in 1990
only 18 % of beef and veal was exported, in 2006 it amounted to more than half of the
production. The accession provided poultry producers with a wide range of opportunities, especially after access to absorptive Russian market had been limited. The level
of export to the EU countries significantly increased and in 2008 it constituted nearly
one fourth of total poultry production. During the post-accession period Poland began to report positive balance in foreign trade in pork. Though in 2008 the balance
became negative both in terms of quantity and quality109. This was the result of many
factors, including high PLN exchange rate and a dramatic decrease of production in
Poland. Contrary to expectations, the entry to the European market did not eliminate the seasonal and cyclic fluctuations in pork livestock production. It was especially notable in the fifth year of
membership. After the significant rise in cereals and fodder
prices profitability fell and resulted in a serious collapse of
swine breeding. According to
Central Statistical Office in January 2009 the number of livestock reached the lowest level
since 1970110.
A major increase in demand
from
the EU customers,
fig. TADEUSZ KROTOS, Sign: European Union
109
110
72
It is estimated that in 2008 the .import of pork reached 430 thousand tons and was 55 thousand tons higher than the export.
Pogowie zwierzt gospodarskich w 2008 r., GUS, 2009.
73
combined with reduced possibilities of a quick agricultural production growth resulted in the unexpectedly fast process of the price convergence between Poland and the
chief EU producers, especially on the pork market, where the prices equalised in the
first few months after the accession. A relatively well-developed intervention regime
for cereals also favoured the convergence between Polish and EU prices. The supply
restricted by quotas and accompanied by growing external and internal demand (due
to economic boost and related improvement of the purchasing power of the society)
was conducive to the significant increase in the price of milk (see graph 2) and butter. Already in 2004 milk farm-gate price came close to the price level in Holland
and Great Britain111. After Polands accession to the EU there was also a hike in beef
prices (see graph 3) which in 2008 reached the level corresponding to 75% of the EU
average. It should be also noted that positive price changes improved the profitability
of cattle rearing. Owing to the accession, the downward trend in cattle production
which had lasted since 1990s was halted112.
Graph 2. A
verage milk prices paid to the farmers in Poland and in the EU-25
(EUR/100 kg of standard milk)
40
30
20
10
0
2003
UE-25
2004
2005
2006
2007
IVI 2008
Poland
Source: Rynek mleka. Stan i perspektywy, IERiG, 2008, p. 19.
111
112
The countries with lowest farm-gate prices in the EU-15.

The decrease in headage by approximately 41% between 19902004.
73
74
Graph 3. Farm-gate prices of slaughter livestock (PLN/kg)

4.5
4
3.5
3
2.5
2
2000
Beef
2001
2002
2003
2004
Pork
2005
2006
2007
2008
Poultry
Source: Rynek rolny, IERiG years 20032009.
One of the problems which Polish agriculture faced before the accession was
the unpredictability of farm-gate prices. CAP, aimed at stabilising the markets (among
others) introduced instruments which upheld the prices of agricultural products which
was conducive to the profitability of production. The EU intervention regime for cereals was different from the Polish regime applied before. For example, it did not include
rye anymore and was based on different intervention period as well as lower intervention prices. However, the EU intervention policy guidelines were defined much more
in advance which helped farmers to plan the activity in a better way. The purchase was
conducted in the more effective manner. Already in the first year of membership the
farmers did not queue for many days, as they had used to before the accession113.
Many CAP instruments intended for stabilisation of the milk market were introduced following Polands entry into the EU; such instruments applied not only too raw
milk but to many milk products as well (such as skimmed butter, powdered milk, cheese
and lactose). The most significant was the milk quota, reducing supply in order to increase the profitability of production. The milk quota agreed during the accession negotiations was divided into two parts: the bulk one (for suppliers who delivered their production to dairies) and the one for direct sales to consumers. Penalties were applied in case
of exceeding production limits and Poland experienced such penalties in the 2005/2006
season114. Since that time threat of penalty effectively prevented any oversupply. Milk
113
114
74
Polska w Unii Europejskiej dowiadczenia pierwszego roku czonkostwa, UKIE, 2005, p. 32.
The bulk quota was exceeded by 3.32%.
75
quotas constituted a serious barrier to the production growth, during the period of prosperity on the global market in 2007. However, the restrictions on production did not
permit the producers to fully utilise export opportunities. Finally, under the pressure of
Member States, including Poland, the European Commission accepted the idea of increasing milk quotas and proposed a 2% increase, effective from April 2008. The future of
milk quotas was already decided under common agricultural policy reform in 2003. The
regime shall be abolished by 2015. During CAP health check review completed by 2008,
Member States decided that milk quota in the EU shall augment by 1% every year until
the 2013/2014 season115.
Production restrictions were also introduced on the sugar market, which brought
benefits to both sugar producers and sugar beet farmers. After accession sugar beet farmgate prices were nearly by half higher than in 2003. In addition, Polish beet producers
were covered by the single area payment scheme and received direct payments, unlike
the EU 15 farmers engaged in the same type of production . However, since the season
of 2006/2007 a new sugar regime was launched. It aimed at phasing out the institutional
production as well as the price support in the long-term perspective and brought substantial changes to the operation of sugar market. As a result of this reform, sugar production
in the whole EU, including Poland, has been decreasing. In the season of 2008/2009 the
production is estimated not to meet the national consumption and Poland for the first
time will become a sugar importer. The fall in sugar production and sector restructuring
resulted in the decrease in sugar beet farm-gate prices (to the pre-accession level). The
farmers have been compensated for these losses by the so-called sugar payments.
The EU legislation related to the CAP has evolved over the five-year-membership
period. The provisions of the reform conducted in 2003 have been implemented; some
other markets (such as sugar, fruit and vegetables or wine market) have also been reformed, regulations simplified and the policy has been subject to an overall health check.
Some of the CAP and trade instruments have been introduced, other suspended, depending on the current situation on the global foodstuffs and agricultural product markets.
For example in 2007, subsidies to the export of pork to third countries were introduced
upon the motion of Poland and France, which significantly improved the situation on
the internal market. Similar situation occurred in 2009, when the European Commission
not only reintroduced milk subsidies in reaction to the declining market situation, but
also promised to increase scope of intervention for butter and skimmed powdered milk.
115
Only in Italy the milk quota shall be increased by 5% in 2009/2010.
75
76
Entry into the European Union affected not only revenues, but also costs related
to agricultural production. The studies which estimated potential costs and benefits of
accession assumed that any price or production changes might take place over a medium- rather than short-term perspective116. It turned out, however, that the increase in
production costs occurred sooner than expected, just before accession to the EU. The perspective of the introduction of the full VAT rate on capital goods was an incentive for the
augmentation of prices of agricultural machines and construction materials. The demand
for machines increased also due to the fact that farmers wanted to use SAPARD grants
for the purchase of agricultural machines before the VAT rate increased. The rise in agricultural production costs was related also to the increase in fuel prices which depended
on the situation on international fuel markets and USD exchange rate. After joining the
EU the demand for mineral fertilizers, crop protection products and industrial fodder has
increased due to the rise in profitability of agricultural production. The supplies of mineral fertilizers in 2007 were 27% higher than in 2003; at the same time the consumption
of crop protection products has risen by approximately 58% a year. Higher demand was
reflected by increased prices. It should be noted that due to a sharp rise in the prices of
capital goods in the post-accession period, agricultural subsidies were partially taken over
by the producers of fertilizers, agricultural equipment and machinery, which did not have
a positive influence on the pace of modernisation and restructuring of rural areas.
Graph 4. Gross added value of agricultural production (PLN bn)
30
25
20
15
10
5
0
1995
2000
2002
2003
2004
2005
2006
Source: Concise statistical yearbook, GUS (Central Statistical Office) 2008; Statistical yearbook of agriculture
and rural areas 2007, GUS (Central Statistical Office) 2008.
116
76
Bilans Korzyci i kosztw przystpienia Polski do Unii Europejskiej, UKIE, Warszawa 2003, p. 125.
77
The changes of agricultural products prices against the changes of capital goods prices were reflected by the price scissors indicator which has been favourable for
farmers since 2006. It means that the increase in agricultural production exceeded the
increase in costs. This trend reversed in 2008. The indicator fell to 91.8%117. The acceleration of gross added value after the accession (see graph 4) which measures the value
of goods produced (outputs) less the value of inputs used for the production indicated
a general economic improvement of the sector during 5 years of membership.
Farming income
Polands entry into the EU resulted in the increase of the farm income. According
to Eurostat data an average farming income118 in Poland raised in 2008 by 90% (in comparison with the year 2000). In comparison with 2007, however, the income of Polish
farmers fell by nearly 16%119 which was the result of supply/demand situation on agricultural markets. Only Latvia and Estonia experienced a greater decrease among the new
Member States. However farming income growth in these countries between 2000 and
2008 was decisively greater and oscillated around 186% (Latvia) and 155% (Estonia).
The value of farming income was not only determined by the income from the
sales of agricultural products (less the incurred costs). Money flows also had a considerable impact. The scope of financial flows for farming purposes120 significantly expanded
due to Polands participation in the EU and the implementation of the CAP and structural policy mechanisms in the sector. In the whole period between 20042008 Polish
rural areas received 10 387.321 mln EUR only in direct payments (along with the EU and
the national budget). Apart from the fact that the value of direct payments in Poland has
been continually increasing and it will reach the level of EU-15 payments only in 2013,
their impact on the income of the farmers is meaningful. In 2008 subsidies constituted
42% percent of a farming income, whereas a few years earlier before the accession to the
EU that share did not exceed 10%121.
The improvement of income in the sector does not mean, however, that each
individual farm has benefited equally from the accession. Very small farms experienced
Wyniki produkcji rolinnej w 2008 r. wedug GUS, http://www.ppr.pl/artykul.php?id=152765&dzial=2.
Eurostat statement is based on the raw data submitted by the Member States. It takes into account agricultural and related income excluding other income
sources (such as non-farming activities, real estate income or any kind of payment or benefit).
119
Eurostat, EU27 real agricultural income per worker down by 4.3%, 18th December 2008.
120
More information on the financial aspect of membership can be found in the chapter 1.9 Financial flows.
121
R. Mroczek, Wpyw Wsplnej Polityki Rolnej na rynki rolne w Polsce, [w:] Rozwj sektora rolno-spoywczego w Polsce, IERiG, Warszawa 2008, p. 31.
117
118
77
78
relatively highest income increase. However, despite CAP financial support the strong
majority of farms has not been able to become capable of achieving income status which
would guarantee a farming family the standard of living equal to the one outside the
sector (parity consumption level) and securing financial resources for farm development.
Only farms which are over 35 hectares (around 76 thousand farms) have the potential
to develop, offer investment opportunities and guarantee an adequate standard of living
for the family122.
Investment and modernisation of farms

Polands accession to the EU resulted in the investment boom in rural areas and
accelerated farm modernisation processes. Preferential investment loans and EU aid
funds played an important role in this process.
The obligation to adjust to sanitary, hygienic and veterinary requirements combined with the access to financial resources was a significant investment incentive. Milk
farms faced a huge challenge, since they had to adjust to Community quality standards. In
mid 2003 only 4% of farms supplying milk to dairies complied with production standards
and milk quality applicable in the EU123. The farms had to make necessary investments
and modernise cowsheds, build dedicated milk storage areas as well as install modern
ventilation, lighting and milking systems. Therefore, milk farms were granted a transitional period (until the end of 2006) for the adjustment of milk to quality standards.
Before the accession many farmers also feared environmental protection and animal welfare standards imposed on Polish farms. They were afraid that the adjustment
costs estimated at 1708 mln EUR124 would be too high to be met and would lead to the
downfall of many farms. The farms involved in animal production required greatest environmental investment: building storage structures for manure and liquid organic waste.
Cost of adjustment per individual farm was estimated to reach even 17 thousand PLN125.
Egg producing farms required appropriate adjustments as well. As a result of accession
negotiations they were granted a transitional period (until December 31st, 2009) for the
modernisation or replacement of cages for laying hens, thanks to which the investment
process could be spread over several years.
W. Poczta, Rolnictwo, [w:] Polska wie. Raport o stanie wsi, FDPA, Warszawa 2008, p. 35.
Plan Rozwoju Obszarw Wiejskich na lata 20042006, MRiRW, 2004, p. 26.
124
Bilans korzyci i kosztw, op.cit., p. 123.
125
Ibidem, p. 122.
122
123
78
79
In the situation where farming profitability was low, modernisation changes

required public support. Investment activities aimed at the adjustment to community
requirements were possible already before the accession, especially due to the financial
support under SAPARD. However, only a few farmers were interested in such opportunity. As a result, only a few animal-rearing farms benefited from the programme. The
majority of funds were used on the modernisation of the machine park.
After Polands accession to the EU the funds for the adaptation to the community standards were available under Rural Development Programme (PROW) between 20042006. The farmers could obtain funds for purchasing natural manure storage
equipment and for necessary investments on milk and egg producing farms. Nearly 631
mln EUR of public funds was spent on the adjustment of farms to the EU standards with
approximately 70.8 thousand farmers who benefited from the126. Under the Agricultural
Sectoral Operational Programme between 20042006 nearly 27 thousand farmers received direct support for farm investment.
It was expected that direct payments would be one of the key instruments which
could stimulate an investment process after Polands accession to the EU. Although such
payments definitely improve farming income, we are still missing complete information
concerning the main purposes of the utilisation of funds. Fragmentary studies show that
the majority of payments were used to cover current agricultural production expenses127.
Between 20042007 capital expenditure on agriculture increased by nearly
70%. Farm investment in building infrastructure increased in the above period from
844m. PLN to 1430 mln. Availability of funds also stimulated the demand for agricultural machinery. In 2007 the tractor supplies increased by nearly 70% in comparison
to 2005. There was also an increase in the sales of cultivators (550%), combine harvesters (20%) and potato planters (78%)128. As a result of modernisation efforts there was
a herd concentration in modern farms and the increase in the share of high quality
milk. On the other hand some farms, especially the small ones, gave up production.
Between the season of 2004/2005 and 2008/2009 the number of milk suppliers decreased from 355 thousand to 195 thousand. This did not, however, influence global milk
production in Poland due to the increase in the cattle headage and the improvement of
milk productivity of the cows129.
In the whole period between 20042006. Status as of 30th November 2008.
W. Poczta, Rolnictwo..., op.cit.,. p. 40.
128
J. Pawlak, Rynek maszyn rolniczych, [w:] Rynek rodkw produkcji i usug dla rolnictwa, IERiG, Warszawa, September 2008.
129
Despite significant progress, cow productivity was one of the lowest in the EU.
126
127
79
80
Environmental protection
Environmental protection is one of the main pillars of the European model of agriculture. The purpose behind the changes to common agricultural policy is to strengthen
competitiveness of agricultural production in the EU and at the same time to prevent the
degradation of natural environment. Poland by joining community structures decided
to accept and develop this model on its territory. Although environmental aspects were
already covered by national agricultural policy guidelines, the accession provided access
to a number of instruments which enabled the implementation of these guidelines.
Apart from the adjustment of Polish farms to environmental standards as described
above, Polands accession to the EU resulted in the introduction of many economic instruments promoting nature conservation. In order to receive direct payments in the European
Union the applicants have to meet cross-compliance requirements. Agricultural producers
have to comply with the obligations concerning environmental protection, public, plant
and animal health as well as animal welfare. In Poland and other EU-10 countries covered
by Single Area Payment Scheme this mechanism was in the beginning limited to keeping
the land in the so-called good agricultural and environmental condition in compliance with
environmental protection guidelines. This meant haymaking and grazing on meadows and
pastures in the grass vegetation period; some cereal species could not be grown on the same
area for longer than 3 years. The popularity of direct payments shows that these requirements were not a barrier for Polish farmers and they did not prevent the access to the EU
funds; but on the contrary, they increased the level of environmental care.
From 2009, the scope of requirements to be met by farmers applying for direct
payments will be increasing. At the first stage (Area A)130 the changes will cover the
requirements related to the conservation of wild birds, wild flora and fauna, the protection of water and the principles of use of sewage sludge in agriculture. The farmers shall
adequately store and dispose of empty packages of substances used for farming purposes
which could be dangerous to groundwater, such as crop protection products, gasoil or
fuel oil. The requirements also define when and where sewage sludge can be used for
agricultural production and define what the farmers should not do because it may be detrimental to biodiversity. Moreover it will be necessary to comply with the requirements
of animal registration and identification, such as herd tagging or running the register
From 2009 the condition for receiving direct payments shall be the compliance with area A requirements related to environmental protection as well as animal
identification and registration. Compliance with area B requirements related to public, animal and plant health as well as the notification of certain diseases and
area C requirements-related to animal welfare shall become the condition for receiving direct payments in the future.
130
80
81
of cattle, pigs, sheep and goats. It should be stressed that such conditions are nothing
new. Prohibitions, counterindications and recommendations related to co-dependence
requirements had been already included in the legislation and since 2009 they have been
necessary for obtaining direct payments.
The agri-environmental scheme was one of principal measures under RDP which
were focused on the protection of landscape and biodiversity. This scheme promoted
sustainable production methods, sound soil utilisation and the protection of water, endangered bird species and habitats situated in Natura 2000 areas131. Farmers voluntarily
accepted the obligation to comply with certain requirements concerning environmental
protection and animal welfare, which were harsher than the direct payment requirements concerning good agricultural condition of the land. The payments also compensated the farmers for any additional costs. Over 208mln. euros were allocated to that
scheme between 20042006. 70 thousand farms received the support. The measures related to soil and water protection evoked the greatest interest. The agri-environmental
scheme is being continued in present financial circumstances. Allocation of funds to
agri-environmental measures between 20072013 exceeds 2,3bn EUR. It is estimated
that 200 thousand farmers will participate in the programme.
One of the support directions under the agri-environmental scheme was the development of eco-farming. Thanks to available EU funds the farmers have become increasingly interested in ecological production. They can obtain the support to cover the
costs of required controls, which check the procedures and the quality of actual production. In 1998 there were only 410 certified ecofarms, by 2004 this amount increased to
3.7 thousand whereas in 2008 the number of producers engaged in ecofarming exceeded
15 thousand132. It should be noted that the transformation of a regular farm into an ecofarm is a long-term process. It takes about 34 years before a farm is awarded a relevant
certificate. However, the demand for ecological products in Poland is growing slowly.
That is why RDP 20072013 introduced measures aimed at the stimulation of market
growth in this area. For example, a group of agricultural producers can obtain a refund of
70% of costs of informing about food quality systems and the costs of their promotion.
Before Polands entry into the EU many people feared that the improvement of
agricultural production profitability would put the environment under greater pressure.
In fact, although the consumption of manure per hectare of agricultural area increased,
131
132
More information about Natura 2000 areas can be found in the chapter Environmental protection.
The data of Chief Inspectorate of Agricultural and Food Quality, as of the end of August 2008.
81
82
numerous economic instruments introduced after the accession protect the environment
from excessive ecological degradation. The implemented schemes often presented a different approach than the one adopted in the EU-15, where agri-environmental measures are
mainly aimed at the restoration of lost environmental values. On the other hand, measures
implemented in Poland are rather aimed at the preservation of the status quo. Additionally
community support favoured dynamic development of ecological products market.
Thanks to the accession polish farmers became more aware of the impact of their
activities on nature. In 2004 only 30% of farmers were aware that agriculture can be potentially harmful to the environment133. With time farmers also have become more convinced
that they can also exert a positive influence on the condition of the environment134.
Agricultural land
Polands accession to the EU directly influenced the increase in agricultural
land prices. Poland, like the majority of the other Member States that joined the EU
in 2004 decided to implement Single Area Payment System (SAPS) in which the direct payment
amount depended on the area of agricultural land
maintained in good agricultural condition and
not coupled with level and type of agricultural
production. Other common agricultural policy
instruments (such as payments for less favoured
areas) as well as general improvement of economic situation of agriculture led to the increase in
the land value. More and more farmers have become interested in buying land to increase their
farming area. An additional factor which influenced the demand was speculation, especially in the
face of uncertain situation on financial markets.
The number of people willing to buy even poor
quality, sandy land was growing; the buyers probably wanted to use it for non-farming purposes
fig. DARIUSZ PIETRZAK
133
134
82
Program Rozwoju Obszarw Wiejskich na lata 20042005, MRiRW, Warszawa 2004, p. 26.
Czy Polacy dbaj o rodowisko naturalne, CBOS, July 2008 r.
83
(the access to agricultural insurance or the possibility to obtain the permit to change the
status of the agricultural land in a much faster way). In 2008 there was also the increase
in the demand of land for wind farm development.
Such high demand could not, however, be satisfied due to the reduced supply.
The perspective of potential gain alone initially stopped agricultural land owners from
taking the decision to sell their acreage. The owners were waiting for the launch of CAP
instruments in order to include their value in the land price and further estimate the
profitability of transaction. In the later period farms (especially those with non-farming
sources of income) were more willing to sell agricultural land. It was the result of the
wage growth in the country and relative stabilisation on the job market. However the
scale of this phenomenon was too small to cover high demand. The Agricultural Property Agency (ANR) 135 was not able to stabilise the market either136.
As a result, agricultural land prices soared following the decrease in the period of
20012002 (see graph 5). In 2008 the price of one hectare of arable land traded by farmers was 140% higher than the price of 2003; 1 hectare of arable land sold by the Agricultural Property Agency increased 2.3 times in the same period. The price levels also
varied depending on the region. The land was the most expensive in the Wielkopolska
region; the cheapest land was offered in the Podkarpackie and Lubuskie voivodeships.
Graph 5. Agricultural land prices between 19982008 (PLN/ha)
16000
14000
12000
10000
8000
6000
4000
2000
0
1998
1999
2000
2001
2002
Sales price of Agricultural

Property Agencys
agricultural land in PLN/ha
2003
2004
2005
2006
2007
2008
Sales price of arable land between

farmers in PLN/ha
Source: Data provided by the Central Statistical Office and the Agricultural Property Agency.
The Agricultural Property Agency manages agricultural land owned by State Treasury; the main part of this land comes from former state owned farms. The
Agency complies with relevant legal procedures applicable to its land trade activities.
136
In many communes spatial development plans expired at the end of 2003.There was also no information on the future use of the real estate, which prevented
appropriate land valuation. Moreover, it was necessary to secure the land for reprivatisation purposes. The claimed area was around 550 thousand hectares.
135
83
84
A significant increase in land prices was an important barrier for new farmers
and for the improvement of the agrarian structure. Between 20052007 the fast decrease
in the number of farms with an area of 12 hectares was halted137. On the other hand,
higher value of agricultural land had a positive influence on their credibility and they
could be used as a guarantee for mortgage loans. What is more, financial resources from
land sale could be used to offer more extensive support to non-farming activities.
The share of leased land in Poland is not high in comparison with other countries in the region138. However, in the subsequent years of membership the agricultural
land lease has became increasingly more popular. This was the result of diminished land
purchase possibilities described above and simultaneous increase in the profitability of
agricultural production. The Institute of Agricultural and Food Economics (IERiG) estimates that in 2007 one out of every five farms leased the land, whereas in 2000 only
one out of every eight farms chose this option139. This was reflected by the ground rent
level. Ground rent related to lease agreements concluded between the farmers increased
by 48% in the period of 20052007.
Polands entry into the European Union brought also changes in the purchase
of real estate by foreigners. Citizens and entrepreneurs from European Economic Area
(EEA) can purchase real estate in Poland without the need to obtain any permits. The
only exception to this rule is agricultural and forest land which is subject to the transition period of 12 years (and also the purchase of the-called second home with a transition period expiring in May 2009). If a future buyer leased the land for the period of 3or
7 years (depending on the voivodship)140, no permit is required. Similar restrictions to
the trade of agricultural and forest land were introduced by the Czech Republic, Estonia,
Latvia, Lithuania, Hungary and the Slovak Republic141.
Despite the studies which showed the advantages of foreign investment in agricultural land (such as more land in good agricultural condition and the increase in the
farming effectiveness)142 the question of purchase of land by foreigners evoked many feW. Dzun, W. Jzwiak, Gospodarstwa rolne w Polsce przed i po wejciu do UE, [w:] Dzi i jutro gospodarstw rolnych w krajach Centralnej i Wschodniej Europy, red.
T. Czekaj, Z. Mirkowska, J. Sobierajewska, Instytut Ekonomiki Rolnictwa i Gospodarki ywnociowej, Warszawa 2008, p. 10.
138
In 2005 r. 22% of agricultural areas was classified as leased-land property, whereas in the Slovak Republic and in the Czech Republic this indicator equalled
respectively 91% and 86%.
139
A. Sikorska, Dzierawa gruntw rolnych, [w:] Rynek ziemi rolniczej. Stan i perspektywy, IERiG, Warszawa 2008, p. 2627.
140
The requirement of a 3-year lease period applies in the following voivodships: Lubelskie, dzkie, Maopolskie, Mazowieckie, Podkarpackie, Podlaskie, lskie
and witokrzyskie. The requirement of a 7 year lease period applies in the provinces: Dolnolskie, Kujawsko-Pomorskie, Lubuskie, Opolskie, Pomorskie, Warmisko-Mazurskie, Wielkopolskie and Zachodniopomorskie.
141
These countries have applied a 7-year transition period.
142
See. A. Koronowski, Zasady zakupu ziemi przez cudzoziemcw jako przedmiot negocjacji czonkowskich, Kancelaria Sejmu, Biuro Studiw i Ekspertyz, Warszawa
1998; J. Swinnen, L. Branken, Review of the transitional restrictions maintained by New Member States on the acquisition of agricultural Real estate, CEPS, LICOS,
KUL, Brussels 2008.
137
84
85
ars among the society. In 1999, 89% of farmers and 83% of the inhabitants of rural areas
claimed that the foreigners should not be allowed to purchase land in Poland143. In the
accession year almost two thirds of the farmers (65%) declared that they would not sell
their land to a foreigner144. Not only the inhabitants of rural areas feared the acquisition of
Polish land by foreign capital. One in ten Poles when asked what he or she fears most in
the integration process mentioned national assets buyout (including land) by foreigners145.
Immediately after the conclusion of accession negotiations the membership criteria related to land purchase were negatively assessed by over half of the respondents (58%)146.
These fears proved hugely inflated. There was no dynamic increase in the land
purchase by foreigners, although this issue had been one of the most sensitive ones during the pre-accession negotiation stage. The number of permits to purchase agricultural
and forest land is stable (around 230 permits are issued every year). The year 2005 was
exceptional, since 324 permits were issued (including 174 permits for physical persons)
and the total area of all transactions exceeded 1760 hectares. Land purchase for second
home purposes has also been quite stable. Most permits were issued in 2006 (136 permits), whereas only 106 permits were issued in 2008147.
As a result of Polands accession to the EU the citizens and entrepreneurs from
the EEA were no longer required to obtain a permit to buy shares in land-owning companies. Due to that already in 2005 the acreage of agricultural land with purchase permits (issued for this kind of transaction) was 40 times lower than in the previous year. It
means that capital from EEA countries was primarily interested in the purchase of shares
in Polish land-owning companies.
Diversification of activity in rural areas

During the transformation in early 1990s the conditions of agricultural production in Poland significantly worsened. The reduction of state interventions resulted in
the rapid decrease of agricultural product real prices and the diminishing internal demand lead to problems with the products sales. Unfavourable agrarian structure (with
the domination of small farms) restricted the possibilities of improving the effectiveness
of agricultural production. A potential solution would be finding other employment opRolnicy i mieszkacy wsi o przyszoci polskiej wsi i rolnictwa w obliczu integracji z Uni Europejsk, Instytut Spraw Publicznych, Warszawa 2000, p. 13.
Rolnicy nie obawiaj si wykupu ziemi przez cudzoziemcw, PAP, 9th September 2004, http://old.euro.pap.pl/cgi-bin/raporty.pl?rap=40&dep=59845&lista=0.
145
Nadzieje i obawy zwizane z integracj, CBOS, 2003.
146
Studies of TNS OBOP commissioned by the Office of the Committee for European Integration, December 2002 r.
147
Data provided by the Department of Concessions and Permits in the Ministry of the Interior and Administration.
143
144
85
86
portunities. However, at this time the possibilities of earning a living outside the sector
were limited as a consequence of general economic conditions. Unemployment soared
and farms started to be viewed as a social buffer. It is estimated that unemployment (both
hidden and open) in the rural areas affected over two million people.
The question of excess labour and unemployment were some of the main problems of the rural areas. Polands accession into the EU was an opportunity to improve
the situation of rural area inhabitants on the job market. Thanks to the pre-accession
funds148 which were mainly available under SAPARD Polish rural areas received an important incentive to develop all kinds of initiatives. In the whole period covered by the
programme, 45mln PLN were spent on the creation of additional income sources in
the rural areas. Activities which received financial support included services offered to
farms, construction works and services, installation works and services as well as tourism
and transportation services. The majority of implemented projects were focused on agrotourism. 2620 projects were executed under the measure directed to entrepreneurs aimed
at the creation of additional jobs for the total amount of 220mln PLN.
Polands economic development after the accession to the EU positively influenced the job market and created new jobs in the whole country. Some rural areas inhabitants found new jobs in the cities or emigrated to different countries. There were
also some changes in the agricultural policy approach, which further acknowledged the
question of multifunctional development of rural areas. Community structural policy
instruments offered additional support to income diversification in rural areas. Agricultural SOP had a budget exceeding 300mln PLN for supporting alternative rural income
sources, 90% of which has been already paid out149. Integrated Operational Programme
of Regional Development (IOPRD) included measures for professional reorientation of
people leaving agriculture and the support for micro-enterprises. Rural Development
Programme for the years 20072013 has allocated 1.37bn EUR for the diversification of
rural economy.
Polands entry into the EU also accelerated the process of deagriculturalisation
of rural areas and led to the improvement of the situation on Polish job market. Between 2003 and 2007 registered unemployment in rural areas fell by over one third150 and
the percentage of people employed in agriculture in this period decreased from 18.3%
148
149
150
86
The funds from the loan of the World Bank, offered under Rural Areas Activation Programme, also played a significant role.
Status as of the end of August 2008.
Rocznik Statystyczny Rolnictwa i Obszarw Wiejskich 2008, GUS, 2009, p. 91.
87
to 15%151. In 2007 inhabitants of rural areas employed outside the agricultural sector
worked in such sectors as industrial processing (31.9%), trade and repairs (17.1%) and
construction (9.9%)152.
Although the resources from the EU budget definitely influenced the pace of the
process and opened the opportunity to develop alternative income sources it is still hard to
estimate the effectiveness of the projects as a whole. Not always the measures designed for
rural areas were adequate and adjusted to the actual needs. For example, few farmers were
interested in individual consultations concerning the choice of a new profession; another
example would be subsidies for workplaces employing farmers. At the moment the rural
development policy implemented in Poland is based on RDP 20072013. The allocation
of financial resources to individual measures shows that the conception of multifunctional
rural development is not yet fully supported in Poland. The majority of funds have been
allocated to measures related exclusively to agricultural production. It is the indicator of
traditional approach to rural areas and the need to change the approach to the idea of sustainable development of rural areas at both the strategic and the implementation level.
Food industry
The years preceding Polands accession to the EU was the period of relative stagnation in the development of Polish food industry. Between 19992002 average growth
rate of sector production sales was only 1.5% a year. Production recovery took place
recently in 2003 when the vision of accession was real and tangible. Sectors production
sold increased by 7.7% and the fast rate of production was upheld in the first months of
2004153. Temporary decline in the dynamic sector development in Poland lasted until
mid 2005. In the later period the industrial production of foodstuffs, beverages and tobacco products developed at a rate of 68% a year154. Such dynamic growth was possible
due to the general income increase and resulting increased demand, mainly for beverages, snacks, desserts and highly-processed food.
The rise in production was conducive to the radical improvement of financial
indicators of the whole food industry. Between 20042007 net profitability doubled in
I. Frenkiel, Ludno wiejska, [w:] Polska wie 2008, FDPA, 2008, p. 54.
Ibidem, p. 55.
153
Unless specified otherwise, statistical data on food industry are quoted after R. Urban, Wpyw czonkostwa w Unii Europejskiej na przetwrstwo rolno-spoywcze
w Polsce, expert study commissioned by the Office of the Committee for the European Integration, November 2008.
154
The production level in 2008 was almost 60% higher than in 1997 and it exceeded the value of 2002 by nearly 40%.
151
152
87
88
comparison with the year 2003 and reached approximately 4% of the value155. The share
of unprofitable firms in the overall number of sector entities decreased from 25% to 16%.
The importance of capital provided by external investors (both financial and strategic) for
financing purposes greatly diminished, since the companies generated significant profit.
Already in 2003 food sector experienced investment growth as a result of the efforts
to adjust production sites to community standards and fears of external competition after the
entry to the European market. Capital expenditure in 2003 increased by 15% and by further
10% in the subsequent years, reaching the level of 67bn PLN. Initially some investment
concentrated on construction works related mainly to obligation of adjusting production
facilities and infrastructure to applicable community standards. However, the majority of
capital expenditure in the longer perspective was allocated to the purchase of technological
equipment, i.e. to the modernisation of the production potential and the increase of its effectiveness, which had a positive influence on the competitiveness of the industry.
A clear sign of the increase in the level of competitiveness of Polish agrifoodstuffs
is a hike in export values which took place after Polands accession to the EU. It should
be noted that the rate of development of food industry production was twice as fast as
the increase in the internal demand. Production surplus was sold on foreign markets. Although in 2002 there was a negative balance in the agricultural and food products trade,
it improved radically already one year before the EU accession and reached the level of
over 2bn EUR in 2007. In 20032007 export increased by 250%, whereas import increased by app. 125%. Some other EU countries become important trade partners of Poland.
In 2003 nearly two thirds of the agricultural and food export was sent to the countries
of the present EU-27. Four years later this export share exceeded 80%. Nearly 70% of
import came from the Community. A positive trend in foreign trade demonstrated that
food sector was well prepared for the integration and that it made good use of price
advantage and good quality of Polish food thanks to which the companies were able to
overcome barriers to sales markets. However, 2008 data demonstrated that the sources
of industrial development might soon be exhausted mainly due to the decrease in the
comparative advantage and the deceleration of economic growth in the EU countries.
Export success achieved after the accession would be impossible without the
support from the EU funds (SAPARD and Agricultural SOP) which enabled the impleA drastic rise in the prices of agricultural products on the global market resulted in the slight decrease of financial results of food and agricultural processing in
the 1st half of 2008. Profitability indicators of this sector decreased on average by 1 percentage point, but they are still significantly higher than before the accession.
The decrease was due to relatively high prices (in the 1st half of 2008) of raw materials such as milk, cereals and poultry livestock. The fall in prices of these products
in the 2nd half of 2008 may indicate that the decrease in the profitability of agricultural and food processing can be a temporary phenomenon.
155
88
89
mentation of community standards and quality management systems. By mid 2008 the
support from these funds equalled 3.2bn PLN, out of which SAPARD provided 1.9 mln
and Sector Operational Programme provided 1.3bn PLN. Such payments contributed to
21.1% of the value of investment in the so-called sensitive sectors (including the fruit
and vegetables sector) and to nearly 10% of the value of investment of the whole food
industry (2003 1st half of 2008). Given that the value of investment projects co-financed
from public funds (both EU and national ones) was twice as high as the value of received
payments, it could be inferred that the aid schemes covered app. 60% of investment in
the sensitive sectors and 25% of all investment in the food industry, which means that
if it had not been for the EU accession the degree of investment growth in food industry
and especially in its sensitive sectors would be much lower.
The accession positively influenced the development of food industry. Competitive pressure motivated processing plants to intensify investment aimed at achieving
compliance with hygienic, sanitary and veterinary standards applicable in the internal
market. As a consequence pessimistic forecast did not come true and the national market
was not dominated by imported products; what is more, Polish food industry is considered one of the most modern industries in the whole Europe.
Fisheries
Management and protection of resources
The inclusion of fisheries into Common Fisheries Policy after the accession
to the UE meant that Poland had to accept the guidelines of protection of marine
resources and to implement a number of applicable legal instruments. In practice it
signified that Poland would be included in the Total Allowable Catch (TAC) system
used for determining and controlling the allowable catch in the Baltic Sea and that
it would have to accept fishing quotas set for particular fish species. Apart from that
Poland had to adjust to many technical restrictions in the areas such as: protection
periods and days closed for fishing, restrictions on fishing nets (e.g. the prohibition
to use drift nets for salmon fishing), minimum mesh size as well as permitted engine
power or vessel tonnage.
The most controversial element of common fisheries policy is the determination
of fishing quota. This question causes many reservations among fishermen, not only in
89
90
Poland. These doubts are presented mainly in relation to cod fishing, whose population
was drastically diminished in the last three decades. The reduction of cod stock in the
Baltic Sea was caused primarily by overfishing between 19801990 and unfavourable
reproduction conditions in the Baltic Sea (low average depth, low water salinity). As
a result, the cod stock has been decreasing and so have the quota assigned to Member
States. At the same time the number of days closed for fishing has been increasing. At
the beginning of the 80s Polish fishermen caught 120 mln tons of cod; this number has
been steadily decreasing due to the decline in cod stock and related fishing restrictions,
reaching 29 thousand tons in 1990 and 15 thousand tons in 2004156. The fishing quota
allocated for 2008 was even more reduced as a consequence of penalty for overfishing
in the previous year and it equalled 12 thousand tons. These restrictions were especially
harmful or Polish fishermen, since cod fishing is the most profitable. Lack of the possibilities of fishing and sales of this fish species for many of them was equal to the loss of the
main source of income. This situation was further aggravated by the lack of adjustment
of the large part of Polish fleet to fishing other species such as herring or sprat. Therefore the requirements related to the protection of cod from extinction imposed by the
EU legislation have been the incentive for necessary reforms and the modernization of
fishery infrastructure.
The situation in the sprat fishery was different from the situation of the cod fishery. In the case of sprat, Polish fishermen still underutilized allocated fishing quota.
This phenomenon could be best illustrated by the situation from 2007 when Polish sprat
quota was utilised only in 50%, which meant a significant fall in comparison with the
pre-accession period. Sprat catch in 2007 was around 60 thousand tons, i.e. almost 40%
less than in 2004. This was caused mainly by the reduction of the fishing fleet in framework of fishing vessel scrapping programme between 20042007. In this period, 32
large vessels adapted to catchments of pelagic species were withdrawn. In addition, large
deficiencies in sprat fishing in the last few years are also the result of shortcomings in
the organization of the fishery market, which is one of the reasons for the low price of
sprat in direct sales. Sprat fishing for fishmeal was the most profitable; however due to
the low sprat price on the domestic market the majority of fish discharges took place in
Danish ports. Similar situation applied to herring, which was caught mainly by vessels
adapted to sprat fishing. Also in this case, the decrease in the catch volume was due to the
Data source: E. Kuzebski, Wpyw czonkostwa Polski w Unii Europejskiej na sektor rybowstwa. Ekspertyza przygotowana na zlecenie UKIE,2008 r. unless specified
otherwise.
156
90
91
reduction of fishing fleet in Poland and low prices as well as the problems with selling
the herring on the domestic market faced by the fishermen157.
Salmon and bull trout catchesalso changed after Polands entry into the EU. This
happened mainly as a result of the requirement to adjust Polish legislation to the Council
Regulation of 2004158. The regulation phased out the use of drift nets in catchments of the
Salmonidae in order to prevent incidental catches of porpoise. As an outcome, a nearly 80%
fall in the catches of this species was predicted for 2008, which could bring losses of 10m.
PLN159. These radical restrictions on domestic salmon catches did not, however, negatively
influence Polish salmon processing sector. It was possible thanks to the increase in the import, mainly from Norway, which is the main exporter of salmon on the Polish market.
Positive changes took place in relation to flounder catchments. Due to the good
condition of flounder stock, the size of catches in Poland quadrupled between 1990
2007. Since Poland entry into the EU this value equalled around 10 thousand tons a year.
The increase in the catchment of this species counterbalanced cod catchments subject to
numerous restrictions, which are performed using similar techniques.
Table 1. Polish catchments of main fish species in the Baltic Sea between 19902007
Year
Sprat
Herring
Cod
Flounder
Others
Total
1990
14 299
60 919
28 730
2 253
4 419
110 620
1992
30 127
52 864
13 314
3 905
3 416
103 626
1994
44 556
49 111
14 426
4 900
3 507
116 500
1996
77 472
31 246
34 856
8 836
3 407
155 817
1998
59 090
21 873
25 779
5 835
4 567
117 143
2000
84 324
24 516
22 120
5 601
4 590
141 151
2002
81 243
35 512
15 891
9 232
5 016
146 895
2004
96 658
28 410
15 120
8 798
4 819
153 805
2005
74 383
21 819
12 784
11 148
4 206
124 340
2006
55 946
20 653
15 091
9 429
3 762
104 881
2007
60 145
22 087
10 967
10 698
3 890
107 787
2004/2007
38%
22%
27%
22%
19%
30%
Source: O
wn summary prepared on the basis of the following publication: E. Kuzebski, Wpyw czonkowstwa
Polski w Unii Europejskiej na sektor rybowstwa, an expertise study commissioned by the Office of
the Committee for the European Integration, 2008.
K. Hryszko, Rynek Ryb, Rynek Ryb. Stan i Perspektywy 2008 , no. 5, p. 65.
Council Regulation (EC) no. 812/2004 of 26 April 2004 laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation
(EC) no. 88/98.
159
E. Kuzebski, op.cit., p. 9.
157
158
91
92
A serious problem faced by both Polish and the UE fisheries are illegal, unreported
and unregulated catchments, especially the catchments of cod and the creation of the so-called grey zone. The scale of this phenomenon was augmented by the systematic decrease in
cod stock and unbalanced fishing potential of Polish fleet. The membership in the UE gives
Poland a number of additional measures to counteract overexploitation of fish stock in the
Baltic Sea. Unfortunately, despite such measures illegal catches are still a plague of Polish
fisheries. They not only destroy available fish stock (e.g. by catching young fish below reproductive age), but also they lower direct sales prices, which brings a loss for all fishermen.
Financial resources from community funds allocated to the reduction of fishing
fleet (vessel scraping) and the introduction of the identification system for caught fish, as
well as checks and controls of fishermen have played an important role in the fight against cod overexploitation and illegal catchments in the Baltic Sea. However, experience
shows that these resources have not been sufficient enough. For example, despite the
withdrawal of as many as 200 vessels out of 790 holders of cod catchment license, the
fishing quota for 2007 was considerably exceeded. As a result of the inefficacy of the above measures the European Council decreased fishing quota in the subsequent years and
decreased cod catchment period. This is why in 2008 for the first time in history Polish
cod fleet spend the greater part of the year (187 days) in the port.
The organization of the fishery market

As a result of accession to the EU Poland had to reorganize its fishery market
which was largely fragmented due to the fishing fleet privatisation in the 1990s. The
legal basis of the new organization of Polish fishery market was provided by the act of
2004 160 which complied with relevant EU legislation. The Act defined and specified
a number of key principles related to efficient operation of the fishery market. First of all
it defined the conditions for the introduction of fish products on the market and the guidelines for intervention measures on the fishery market. Moreover, the Act defined the
principles for the creation and operation of fish producer organizations and cross-sector
organizations. According to the Act, the only founders of such entities can be the owners
of fishing vessel and fish breeders with a sufficient market potential161. Since Polands
The Act of October 10th, 2002 on the Organization of the Fishery Market amending the Sea Fisheries Act (Polish journal of Laws No. 181, item. 1514) The Act on Organization of Fishery market and Financial Support for Fishery Trade of January 22nd, 2004 entered into force on the accession date (Polish Journal of Laws No. 34, item. 291
as amended.), and was amended (among others) by the Act of 20th April 2004 on the amendment and repealing certain legal acts as a result of Polands membership in the
European Union (Polish Journal of Laws No. 96, item. 959). At the moment draft amendment to the Act on the Organization of the Fishery Market is under discussion.
161
I.e. at least 20% of fishing vessels adapted to specific fisheries and fishing methods in the case of vessel owners and at least 25% of the total product mass from
breeding and rearing of certain species of water organisms in the case of breeders.
160
92
93
accession to the EU not more than six producer organizations have been registered and
their activity is so far very limited. They have not broadened the scope of their activities
despite the financial support available for such organizations.
The attempts to create institutional basis for the operation of fishery market in
Poland made in the last five years have not been fully successful. Fish sales in theory
should take place at fish auctions organized in Ustka, Wadysawowo and Koobrzeg.
In fact only the auction in Ustka was able to meet with expectations, although not
without certain problems. A similar thing happened with Local First Sales Centres
(LFSC) which were created in five seaside towns: Ustka, Koobrzeg, Wadysawowo,
Hel and Darowo in order to improve fish discharge in fishing ports. By 2007 only the
LFSC in Ustka was able to operate and the sales of fish was mainly based on direct
agreements concluded between the fishing vessel owners and intermediaries or processors. This problem has not yet been solved between 20042009, which resulted in
considerable differences between the first sale price and the retail price of fish paid
by the consumer.
Structural policy
Polish fisheries were able to obtain structural funds in September 2004. The interested entities could apply for project co-financing under the Sectoral Operational Programme Fisheries and fish processing 20042006 (SOP Fisheries). Such projects were
related to the implementation of the number of measures of the fisheries policy. The
most important ones included:
l
The reduction of overfishing through the withdrawal of a part of fishing fleet,
l
Full utilisation of allocated fishing quota and their maximisation for consumption
goals;
l
The development of fishing ports and harbours;
l
The improvement of fish and fish products quality as well as the increase in the
added value of fish and fish products;
l
The revitalisation of fisheries-dependent regions and the regions depended on
fish breeding and rearing;
l
The increase in the fish consumption in Poland and the improvement of market
supply in the area of sea and freshwater fish and their products;
l
The development of the first sales and fish products distribution system.
93
94
Funds allocated under SOP Fisheries significantly helped in the transformation of

Polish fisheries. 3807 investment contracts for the total value of 1.6 bn PLN were signed
by the end of June 2008, nearly half of them were co-financed from the EU funds.
The decisive majority of co-financed investments were made in the fish processing
162
sector . The investments were mainly focused on the modernisation of processing plants,
the purchase of transport infrastructure, and the creation of quality control systems; on
many occasions support was also required for the construction of completely new sites.
The next measure which received substantial support under SOP was fish vessel
scrapping under the policy of the reduction of fishing fleet capacity in the Baltic Sea.
The value of vessel scrapping contracts (444 vessels to be scrapped by mid 2008) equalled
373 mln PLN. What is more, 54 mln PLN was allocated to the payment of compensation
to nearly 1400 fishermen who left their trade as a result of the liquidation of fishing units
(app. 37 thousand PLN per person).
Graph 6. The value of investment under each SOP Fisheries measure (as of June 30th, 2008)
5.1. Technical assistance
4.6. Innovative and other measures
4.5. Temporary cessation of activities and other financial
compensation
4.4. Measures focused on the organization of market trade
4.3. Measures to find and promote new market outlets
for fish products
4.2. Socio-economic measures
4.1. Coastal fisheries
3.5. Inland fisheries
3.4. Fish processing and fishery market
3.3. Fishing port facilities
3.2. Fish breeding and rearing
3.1. Protection and development of aquatic resources
2.2. Modernization of existing fishing fleet
1.2. Vessel transfer to the third countries or change
of vessel utility
1.1. Fishing vessel scrapping
100
200
300
400
500
600
700
in PLN mln
Source: E. Kuzebski, Wpyw czonkowstwa Polski w Unii Europejskiej na sektor rybowstwa, an expertise study commissioned by the Office of the Committee for the European Integration, 2008.
162
94
By 30 June 2008 640 mln PLN have been allocated to measures related to fish processing.
95
The reduction of fishing fleet achieved as described above brought permanent changes in Polish fisheries. Vessel scrapping resulted not only in the reduction of fishing capacity, but also significantly influenced the level of employment
in the fishing sector. Thanks to compensation payments for the loss of employment
as a result of vessel scrapping the fishermen had the chance to acquire new qualifications and start a different activity. Under SOP Fisheries 26% of fishermen used
the received funds for business which was not related to fishing, such as tourism or
gastronomy. 35% of fishermen decided to engage in an activity which was related to
fishing, such as the investment in fish processing or the purchase of equipment for
other fishing vessels163. In the future, the EC plans to support the reduction of fishing
fleet by further 30% by using increased funds allocated to that objective in the period
of 20072013. It is necessary since the fish potential is still too high for the available
fish stock despite a 40% reduction.
Fish processing and external policy

Fish processing is one of the fastest developing sectors of food industry in Poland.
It is clear that such rapid development has been possible thanks to the opportunities
offered to Poland at the time of the accession to the EU. Unprecedented growth rate
of fish processing sector in 20042009 would not have taken place without investment
opportunities enabled by funds under SAPARD and SOP Fisheries. Similarly, Polish fish
products could not expand as they have until now, without the entry to the EU internal
market and the elimination of boundaries for Polish fish products. From the moment of
Polands accession to the EU there has been a significant increase in the size and value
of production of fish processing sites. Such increase was possible despite a relatively low
(app. 240) number of companies operating in the fish processing sector. At the beginning
of 2008 the value of sales of fish products equalled over 4.5bn PLN, which means that it
doubled since 2003.
163
B. Marciniak, Zamierzenia i realia, cz. II: Ocena skutecznoci realizacji programu redukcji floty rybackiej, Wiadomoci Rybackie 2008, no. 910, p. 11.
95
96
450
5000
400
4500
350
4000
300
3500
3000
250
2500
200
2000
150
in PLN mln
in 1000 tons
Graph 7. The size and value of production of fish processing sites
1500
100
1000
50
500
0
07
06
20
05
20
04
20
03
20
02
20
01
20
00
20
99
20
98
19
97
19
96
19
95
Production size
19
94
19
93
19
92
19
91
19
19
19
90
Production value
Source: Rozwj rynku rybnego i zmiany jego funkcjonowania w latach 19902007, IERiG, 2008.
The increase in the size of fish processing production was only possible due to
a very dynamic growth of export sales. At the beginning of 2008 the share of direct
export in total revenues from that sector exceeded 50%. This meant that the value of
exported fish and fish products exceeded 2.5bn PLN. This value was twice as high as the
value from the period before Polands accession to the EU. After the accession export has
been focused on the EU Member States, and especially Germany, Denmark and Great
Britain. The share of these countries in the overall trade value increased form 5777%
in the pre-accession period to 90% in 2008164. The dynamics of growth in the area of
smoked fish export and processing which took place after Polands accession to the EU
should also be noted. The growth in the sales of smoked salmon in this subsector was 5
times higher than the analogical growth in 2003. It could be concluded that these processed products have systematically gained popularity on the European markets, such as
the markets in Denmark, Italy, France and especially in Germany, where in 2005 Poland
achieved 80% share in the total supply value.
We should also mention a significant increase in the import of fish which invariably accompanies export growth. In 2007 approximately 380 thousand tons of fish and fish
products with the total value of 2.8bn PLN were imported from abroad. It was a growth by
164
96
Rozwj Rynku Ryb i zmiany jego funkcjonowania w latach 19902007, IERiG, Warszawa 2008, p. 64.
97
over 50% in terms of quantity and by 84% in terms of value in comparison with the increase
of 2003. As a consequence, despite high export level Polands trade balance in fish and fish
products is negative and Poland has become a net importer. Polands main trade partners in
the area of import are at present EU Member States, such as Denmark, Germany, Holland
and Great Britain, but also other countries such as Norway or Iceland or the developing countries such as China (pollock), Vietnam (panga) Thailand (tuna) and Argentina (hake)165.
The success of the Polish fish processing sector in the recent years has also manifested itself in the systematic employment growth. Thanks to very good financial results
and high profitability of production sites between 20032007 the sector could achieve
a nearly 40 increase of employment. At present the number of people employed in this
sector exceeds 4 000.
However, despite visible growth and progress which has taken place in the fisheries sector in the last few years there is still a huge gap between Poland and well-developed EU countries. It is confirmed for example by the fact that the value of production
sold in Poland in 2006 per one employee was 3.3.times lower than in Germany166. This
is mainly the result of lack of advanced technologies and problems with efficiency or the
organization of production
Conclusions
This chapter analysed the changes which took place in the agriculture and fisheries as a result of Polands accession to the European Union. The assessment of changes
which took place in the five years of membership clearly indicates that the benefits
obtained by the agriculture and fisheries sector significantly exceed costs incurred. This
was mainly possible thanks to the financing from EU funds and access to the markets of
other Member States.
CAP mechanisms modified the functioning of individual agricultural markets.
Production quota, export support and access to the internal market transformed the supply and demand conditions. The changes combined with major financial flows lead to
a significant growth of agricultural income, especially in the case of small farms. However, despite a number of positive changes these small farms are the main problem of
165
166
Ibidem, p. 69.
Ibidem, p. 91.
97
98
Polish agriculture. In the long term they will not be able to make profit which would
guarantee them an adequate standard of living and secure the resources for further investment. The improvement of agricultural activity conditions and the direct payment
scheme per one hectare of agricultural land led to the drastic increase in agricultural land
prices. However, the fears of land buyouts by the foreigners voiced before the accession
did not come true. The interest in the purchase of both agricultural and forest land as
well as second homes has not experienced significant growth.
The UE membership meant accepting the European agricultural model which is
not only based on the implementation of the Treaty guidelines aimed at the increase of
the income. The main objective of European agriculture is to increase competitiveness of
production and sustainable management of resources. That is why economic incentives
under CAP led to the increased protection of natural environment, animal welfare and
biodiversity. The entry to the EU had also positive influence on the implementation of
the conception of a multifunctional growth of rural areas. A number of measures focused
on the development of entrepreneurship and on rural areas and promoting their cultural
values were introduced in this period.
For food industry the fact that Poland was included in common market structures was of a crucial importance. This was both a huge challenge (increased competition
of imported foodstuffs on the domestic market) and a chance (new outlet markets). The
sites managed to comply with the quality and safety standards and use their advantage
(mainly in the cost area) at every new opportunity. The export of agricultural and food
products significantly increased after the accession; the products were mainly exported
to other UE countries. In 2009 the growth dynamics has decreased, however the trade
balance still stays positive.
The positive impact of accession is confirmed by public opinion polls. Since 2006
public opinion has claimed that the farmers were the social group who obtained the most
benefits from the accession. According to the polls conducted in 2008 by Gfk Polonia nearly 2/3 of the respondents (64%) were convinced that the membership was beneficial to
Polish agriculture167. Also CBOS polls (Public Opinion Research Centre) show that according to public opinion agriculture is a dominating sector which has gained the most168.
The accession to the UE introduced far-reaching changes in many aspects of Polish fisheries. First of all the sector had to undergo deep transformation in order to com167
168
98
Social studies of GfK Polonia for the AD of the Office of the Committee for European Integration, May 2008.
Bilans czterech lat integracji Polski z Uni Europejsk, CBOS, April 2008.
99
ply with the protection requirements of Baltic Sea fish stock. To this end Poland greatly
reduced its fishing capacity by eliminating 40% of its fleet and strictly complied with
quota or temporary fishing closures. These measures irreversibly transformed he character of Polish fisheries and helped the sector become part of a broad common fisheries
policy of the UE.
Moreover, Polands accession to the EU enabled the development of Polish fish
processing sector whose income was two times higher than in the pre-accession period.
Participation in the common EU market also enabled the dynamic growth of export of
Polish fish products to other Member States which at present constitute 90% of overall
fish export value. However, we should remember that despite positive transformation
Polish food processing sector still needs to be improved, especially in the areas of technology as well as efficiency and organization of production; despite export growth foreign
trade balance is still negative due to high import values.
99
100
Transport infrastructure
On the date of Polands
accession to the European Union,
its transport infrastructure was
underdeveloped. Without raising
the issue of the influence of transport infrastructure on regional
convergence169, it should be pointed that its underdevelopment
was a major barrier to the development of the entire country170.
With the EU membership, Poland
gained access to Community funds
An entry for the art competition I live in Europe, organised by the Ministry
that could be used to develop and
of Regional Development
upgrade its transport systems.
In terms of sources of financial transfers, infrastructure investments were financed from the following funds:
l
Cohesion Fund (CF),
l
European Regional Development Fund (ERDF) used both for the Sectoral Operational Programme Transport and the Integrated Regional Operational Programme (IROP)171 as well as cross-border co-operation programmes INTERREG IIIA,
in which Poland participated.
B. Rokicki, Teoria ekonomii a zaoenia i realizacja dziaa prowadzonych w ramach polityki spjnoci Unii Europejskiej. Proponowane kierunki przyszych reform,
[in:] Przyszo polityki spjnoci a przegld budetu Unii Europejskiej w latach 20082009. Materia do dyskusji, ed. J. Ryba, Warsaw 2006, p. 36.
170
T. Komornicki, Wpyw czonkowstwa w Unii Europejskiej na rozwj infrastruktury transportowej w Polsce aktualizacja i rozwinicie ekspertyzy dot. 4 lat czonkowstwa Polski w UE wykonanej dla Urzdu Komitetu Integracji Europejskiej, Warsaw, 15 December 2008, p. 4.
171
Measure 1.1. Modernization and expansion of the regional transport system and Measure 1.6. Public transport development in agglomerations.
169
100
101
on-financial effects of Polands membership in the EU on

N
the development of transport infrastructure
The impact on Polands membership in the EU on the development of transport
infrastructure is not limited to the inflow of funding for investments. Polands membership in the EU resulted in the increase in demand for passenger and cargo transport. It
also resulted with it certain institutional changes.
As described in the Chapter dealing with macroeconomic perspective, Polands membership in the EU has been a development stimulus for the Polish economy
as a whole172. This process resulted in the increase in demand for passenger and cargo
transport (intensification of both foreign and domestic trade). The impact of the first five
years of membership in the EU on changes in the demand for transport infrastructure is
as follows173:
l
increase in the demand for connections between Central and Eastern Poland
with Germany and other Western European states,
l
increase in the demand for transit from Polands eastern border with Lithuania,
via Warsaw and Wrocaw, towards the Czech border,
l
further drop in the demand for transit in the north-south direction,
l
increase in the demand for transport infrastructure connecting the main cities of
Poland (hexagonal network),
l
increase in the demand for transport infrastructure connecting metropolises with
their hinterland.
Institutional changes included mainly the obligation to formulate specific longterm investment plans, which was a major step forward compared to the pre-accession
period. In addition, the EU regulations imposed supervision over the work on and implementation of investments co-financed from EU funds.
172
173
Cf. Chapter I.1 herein.

T. Komornicki, op.cit., p. 12.
101
102
ommunity funds as a source of co-financing of

C
investments in the programming period 20042006
In the programming period 20042006, about EUR 4.8 bn was earmarked in the
EU budget for transport infrastructure investments in Poland (cf. Table 1). This amount
does not cover local road infrastructure investments174. This financing came from the
following funds:
l
Cohesion Fund,
l
European Regional Development Fund used both for the Sectoral Operational
Programme Transport (SOPT) and the Integrated Regional Operational Programme175 as well as cross-border co-operation programmes INTERREG IIIA, in
which Poland participated by.
Chart 1. Allocations from EU funds for transport investments
Fund
Amount of financing
in EUR mln
Cohesion Fund
2,783
SOPT
1,025
IROP 1.1.
768
IROP 1.6.
168
INTERREG IIIA
about. 40
TOTAL
4,744
IROP 1.1.
16%
SOPT
21%
IROP 1.6.
4%
INTERREG IIIA
1%
Cohesion Fund
58%
Source: O
wn study based on materials provided by the Ministries of Infrastructure and Regional Development.
In the context of financial benefits understood as transfers from the EU budget allocated to investments in transport infrastructure, we should also assess economic aspects
of projects carried out as part of the cost-benefit analysis one of the key elements of any
projects feasibility study. Under the application procedure, the applicant must in fact prove that economic benefits of the project will exceed the expected costs. For transport infrastructure projects, a cost-benefit analysis should be performed for the following criteria:
174
175
102
Implemented mainly using IROP funds under Measure 3.1.

Measure 1.1. and Measure 1.6.
103
value of time,
l
value of cost of operation,
l
value of accidents,
l
air pollution.
This list is considered obligatory for all projects implemented using EU funds in
the transport sector. However, this list is by no means closed. The cost-benefit analysis
may also include effects of noise and climate change.
Table 1. List of main categories of economic costs (and benefits) recommended for evaluation in
the case of specific types of transport infrastructure projects
Road infrastructure
Railway sector:
infrastructure
and rolling stock
Air transport
Public transport
Recommended
Mandatory
Recommended
Recommended
Vehicle operating costs
Travel time
Costs of delays
Costs of time of the

current users of public
transport
Costs of time of road

infrastructure users
Costs of travel time of

transferred passengers
Costs of time of the

current users of public
transport
Costs of road accidents

and casualties
Costs of accidents
(optional)
Costs of time of car users

Costs of passenger service
taken over by the public
time
transport
Costs of air pollution
Costs of time of users

taken over from other
means of transport

for the current users of
private transport vehicles
becoming users of public
transport
Costs of noise (optional)

of the current users who
formerly used other
means of transport
Public transport vehicle

operating costs
Costs of environmental
pollution
Wider economic impacts

of the project, such as
costs of climate changes,
impacts
damage to the landscape,
noise (optional)
Costs of effects
of accidents
impacts
Costs of effects
of accidents
Source: E
rnst&Young, Analiza korzyci projektw infrastrukturalnych realizowanych w Polsce ze rodkw UE
ekspertyza, December 2008.
103
104
Road transport
The majority of EU funds for the development of transport infrastructure in Poland were allocated to the upgrading of the road transport sector. As for national roads
co-financed from the Cohesion Fund or SOPT, about 190 km of motorways, 160 km of
expressways, and 110 km of ring roads and bypasses were built or modernized by 31 December 2008. The scale of investments with a share of EU funds exceeded investments
implemented using the national budget only, representing a ten-fold increase for motorways and five-fold increase for expressways (cf. Table 3).
Table 2. Kilometres of national roads built in the period May 2004 December 2008
Motorways
Expressways
Ring roads
and bypasses
Built using EU funds
192.56
141.39
91.65
Built using national budget funds only
20.30
27.70
231.51
Sections built by licence holders
75.80
Total
288.66
169.09
323.16
Source: O
wn calculations based on data provided by General Directorate for National Roads and Motorways,
as at 31 December 2008.
At the same time, about 100 km of motorways and 170 km of expressways were
being built using EU funds as at 31 December 2008 (cf. Table 4).
Table 3. Kilometres of national roads in progress
Built using EU funds
Motorways
Expressways
Ring roads
and bypasses
99.10
170.97
Built using national budget funds only
55.40
41.30
128.53
Total
154.50
212.27
128.53
Source: O
as at 31 December 2008.
The major investments in national roads in Poland included:
104
105
l
l
l
l
l
l
A-2 motorway, section KoninStrykw (new investment),

A-4 motorway, sections KleszczwSonica (new investment) and LegnicaWrocaw (modernization),
A-6 motorway, section KluczKijewo (modernization),
S-1 expressway Bielsko-BiaaCieszyn (new investment),
S-7 expressway, section BiaobrzegiJedlisk (modernization) and Grjec ring
road (modernization),
S-8 expressway, section of Wyszkw ring road (new investment).
Table 4. Economic effects of road infrastructure investments modernization of A-6 motorway,

section KluczKijewo
Beneficiary
General Directorate for National Roads and Motorways
Total project value
PLN 129,303,046
Grant amount
PLN 87,608,109
Economic
performance
indicators
ERR: 17.32%
ENPV: PLN 105,640,000
Outcomes
improved load capacity of road and bridge pavements up to 11.5 tonnes of axle weight
Products
length of the upgraded road 7.73 km; number of reconstructed bridges/overpasses

14; length of stormwater drainage systems constructed 5.008 km; number of the constructed environmental protection facilities (stormwater pre-treatment facilities) 23;
length of the constructed noise barriers 2.6 km
Source: E
Despite the substantial investment effort, these investments have no nationwide

impact due to the insufficient concentration of funds (cf. Fig. 1).
One of the criteria of assessment of the Polish road system is the degree of adjustment of roads to axle weight of 11.5 tonnes per single axle. Because of regression in
construction and modernization of road network observed in the pre-accession period,
Poland applied for a transition period in order to fully implement Directive 96/53/EC
176
. Pursuant to this directive, EU Member States shall provide international roads for
vehicles with axle weight of 11.5 tonnes per axle. The transition period negotiated in
the Accession Treaty refers to the conditions of access to Polish roads for this type
Council Directive 96/53/EC of 25 July 1996 laying down for certain road vehicles circulating within the Community the maximum authorized dimensions in
national and international traffic and the maximum authorized weights in international traffic, OJ L 235 1996 p. 59, as amended
176
105
106
of vehicles and the road upgrade

scheme177, as defined in Annex I to
Decision 1692/96/EC178. According
to the provisions of the Accession
Treaty, Polish road system must
be fully available for vehicles with
axle weight of 11.5 tonnes per axle
as of 1 January 2011. However, the
negotiated transition period made
it possible for Poland to apply partial derogation from Art. 3.1 of
photograph by MARZENA SAMBORSKA, entitled On we go A photo sent as part of
a photography competition ZPORRe zmiany w regionach [Considerable changes
Directive 96/53/EC. As a result,
in regions]. Building a ring road of Wbrzeno, kujawsko-pomorskie voivodeship
vehicles using non-upgraded sections of the Polish road network must meet the applicable Polish axle weight limits
during the transition period. Roads forming part of Trans-European Transport Network (TEN-T) are exception to this rule they had to be made available to vehicles
with axle weight of 11.5 tonnes as of the date of accession to the EU. Until the end
of 2008, Poland could impose charges on vehicles with axle weight in excess of the
Polish limits for the use of Polands main transit roads. As of 1 January 2009, no additional charge for extra axle weight can be imposed on vehicles using roads listed in
Annex I to Decision 1692/96/EC. It means that as of 1 January 2009, partial derogation
from Art. 3.1 of Directive 96/53/EC shall apply only to the Polish road network not included in TEN-T. Until 31 December 2010, Poland may still impose extra charges for
the use of its non-upgraded roads (i. e. not listed in Annex I to Decision 1692/96/EC)
by vehicles in international road traffic.
Based on the summary of data on Polands progress in meeting the requirement
of axle weight of 11.5 tonnes per axle vs. the scheme of road upgrade contained in the
Accession Treaty, we can identify Polands achievements in the past 5 years in terms of
adjustment of its international road network to axle weight of 11.5 tonnes.
Roads no. 1, 2 (50 Warsaw ring road), 3, 4 and 18, 6 and 8.

Decision No. 1692/96/EC of the European Parliament and of the Council of 23 July 1996 on Community guidelines for the development of the trans-European
transport network. Official Journal L 228/1, 1996, as amended.
177
178
106
107
Fig. 1. Location of road investments (new and upgraded) co-financed from EU funds in the
period until 31 December 2008
New Upgraded
SOPT
IROP
Source: T. Komornicki, Wpyw czonkowstwa w Unii Europejskiej na rozwj infrastruktury transportowej w Polsce aktualizacja i rozwinicie ekspertyzy dot. 4 lat czonkowstwa Polski w UE wykonanej dla Urzdu
Komitetu Integracji Europejskiej, Warsaw, 15 December 2008.
107
108
Table 5. Implementation of accession obligations as regards the adjustment of roads to axle

weight of 11.5 tonnes per axle (in kilometres)
Item
1 January
2004
1 January
2005
1 January
2006
1 January
2007
1 January
2008
1 January
2009
Upgrade of roads obligation
551
780
1 039
1 292
1 650
1 975
Upgrade of roads
implementation
659
839
1 025
1 346
1 605
1 802
Of which based on EU funds
115
140
291
489
520
590
Source: O
as of 31 December 2008.
Under the Treaty of Accession, Poland assumed the obligation to adjust certain international roads (3006.7 km in total) to axle weight required by the EU based
on the adopted schedule. In order to meet this requirement, about 1200 km of roads
still needed to be adjusted to axle weight of 11.5 tonnes per axle as at 1 January 2009.
Out of 1800 km of the constructed or upgraded roads listed in the Treaty of Accession and adjusted to axle weight of 11.5 tonnes, nearly one third were financed from
EU funds. It is important to note that Poland faces no sanctions for its underperformance in the implementation of the adopted schedule observed in the past two years.
The Polish road system must be fully available for vehicles with axle weight of 11.5
tonnes per axle as of 1 January 2011; this should be a sufficient incentive for Poland
to meet its obligations in this area. If non-upgraded roads are used by this type of
vehicles, they will be damaged much faster.
As a result of Polands membership in the EU, newly built or upgraded sections of Polish national roads are now designed in line with the Community requirement of 11.5 tonnes per axle. In consequence, the total number of kilometres of
roads meeting this requirement exceeds 4100 km, and one fourth of all investments
adjusting road infrastructure to axle weight of 11.5 tonnes per axle were implemented using EU funds.
108
109
Table 6. Number of kilometres of national roads adjusted to axle weight of 11.5 tonnes per axle
Item
1 January 1 January 1 January 1 January 1 January 1 January

2004
2005
2006
2007
2008
20091
Roads adjusted to axle weight of 11.5

tonnes per axle (total)
1 090
1 565
2 190
2 988
3 762
4 111
Of which based on EU funds (PHARE,

ISPA, FS, EFRR)
185
279
547
784
828
1 001
Source: O
as of 31 December 2008.
Railway transport
According to experts, concentration of EU funds allocated to investments in railway transport which is much higher than in the road sector is a good trend, although
they also emphasise that these funds were allocated to upgrade railway lines rather then
to build new lines179. Until 31 December 2008, the following railway transport investments co-financed from EU funds were completed:
l
upgrade of Warsawd railway line, section dSkierniewice,
l
upgrade of E-30 railway line, section LegnicaWgliniec,
l
upgrade of E-20 railway line, section RzepinGerman border,
l
upgrade of E-20 railway line, section Misk MazowieckiSiedlce.
Given that only certain sections of the above lines were upgraded, effects of these investments will be visible in a couple of years, i.e. after the entire railway lines are
upgraded.
179
T. Komornicki, op.cit., p. 24.
109
110
Table 7. Economic effects of railway infrastructure investments upgrade of Warszawad

railway line (stage 1, Skierniewiced Widzew section)
Beneficiary
PKP Polskie Linie Kolejowe S.A.
Total project value
PLN 1,115,502,120
Grant amount
PLN 678,863,425
Economic
performance
indicators
ERR: 17.32%
ENPV: PLN 105,640,000
Outcomes
reduction of travel time from Warsaw to d by 19 minutes for passenger trains, by

17 minutes for inter-regional trains, and by 5 minutes for regional trains; increase in
passenger traffic between Warsaw and d
Products
upgraded railway section Skierniewiced
Source: E
Urban transport
As regards urban transport, the largest completed investments co-financed from
EU funds included:
l
construction of the last section of the Warsaw subway,
l
construction of BemowoPiaski tram line in Warsaw,
l
upgrade of Aleje Jerozolimskie tram line in Warsaw,
l
upgrade of the north-south tram line in Wrocaw.
In addition, IROP funds were used in many cities for the purchase of urban transport vehicles.
110
111
Fig. 2. Location of investments other than road transport investments co-financed from EU funds
railway lines
CF
SOPT
IROP
Maritime transport
Intermodal
Urban transport
Railway transport
Air transport
Source: T. Komornicki, Wpyw czonkowstwa w Unii Europejskiej na rozwj infrastruktury transportowej w Polsce aktualizacja i rozwinicie ekspertyzy dot. 4 lat czonkowstwa Polski w UE wykonanej dla Urzdu
Komitetu Integracji Europejskiej, Warsaw, 15 December 2008.
111
112
Maritime transport
Construction of a logistics centre in the port of Szczecin was the only important
maritime transport project completed by 31 December 2008 (using funds of Sectoral
Operational Programme Transport). In addition, Polands maritime transport benefited
from road investments directly or indirectly connected with ports. Major projects were
also in progress in the port of Gdask (projects improving access by road to industrial
wharf, free zone, and Westerplatte passenger terminal) and Gdynia (upgrade of inner
port entrance).
ommunity funds as a source of co-financing of

C
investments in the programming period 20072013
In the programming period 20072013, the majority of investments in transport
infrastructure are planned under Operational Programme Infrastructure and Environment (OPIE) based on EU budget funds from the European Regional Development Fund
and Cohesion Fund. These investments will be connected mainly with road infrastructure (58%) and railway infrastructure (25%).
Chart 2. Distribution of EU funds under OPIE by transport sectors
ALLOCATION
in EUR mln
Road transport
11,104.4
Railway transport
4,863.0
Urban transport
2,014.0
Maritime transport
606.8
Air transport
403.5
Other
432.2
Total
19,423.9
Source: Study by the Ministry of Infrastructure.
112
Urban
10%
Maritime
3%
Railway
25%
Air
2%
Other
2%
Road
58%
113
In addition, investments in transport infrastructure were planned under 16 regional operational programmes (about EUR 4.4 bn in total180). Additional EUR 660 mln
was allocated to this purpose in Operational Programme Development of Eastern Poland181. Obviously, co-financing of investments in transport infrastructure will be also
possible under cross-border co-operation programmes, but given their specific nature at
this stage it is difficult to define the future amount of funds allocated to transport infrastructure in Poland.
Programme documents for period 20072013 assume that the total amount of
EUR 24.5 bn will be earmarked in the EU budget for investments related to broadly defined transport infrastructure, i.e. about EUR 3.5 bn per year. In comparison, about EUR
4 bn was allocated to this purpose in the 20042006 programming period, i.e. about EUR
1.8 bn per year.
When work on this Chapter was still in progress, no transport infrastructure
investment co-financed from EU funds for the period 20072013 had been implemented
yet. It results mainly from the fact that negotiations on the current financial perspective
lasted much longer than initially assumed, and the final compromise was reached only
in December 2005. A very late adoption of the Cohesion Policy legislative package (July
2006) was a direct effect of this. As a result, the Commissions approval of the relevant
programme documentation prepared by Poland was also much delayed (e.g. Operational
Programme Infrastructure and Environment on 5 December 2007, and Operational Programme Development of Eastern Poland on 2 October 2007).
Other barriers to the implementation of infrastructure investments include those
resulting from the implementation of acquis in the area of environmental protection as
well as problems connected with public procurement procedures.
Environmental problems result from the fact that the earlier transposition of
environmental protection directives to the Polish law was incomplete, and according
to the European Commission made it impossible to achieve the assumed objectives.
The Act182 implemented on 15 November 2008 significantly modified the procedure of
environmental impact assessment of the planned projects, introducing in particular the
so-called reassessment at the final stage of the investment process, and extending the
R. Kierzenkowski, The challenge of rapidly improving transport infrastructure in Poland, OECD Economics Department Working Papers No. 640, 29 September
2008, p. 18.
181
Ministry of Regional Development, Operational Programme Development of Eastern Poland 20072013. National Strategic Reference Framework 20072013,
Warsaw, 2 October 2007.
182
The Act of 3 October 2008 on the access to environmental information and its protection, public involvement in environmental protection, and environmental
impact assessments (Journal of Laws No. 199, item 1227).
180
113
114
scope of powers of environmental organisations in this procedure. In addition, the principles of environmental impact assessment for Natura 2000 areas were specified in more
detail. It eliminated the basic differences between the Polish law and Community legislation stressed by the Commission, and unblocked the implementation of infrastructure investments co-financed from EU funds.
Given the delayed implementation of operational programmes resulting i.a.
from prolonged negotiations and the aforementioned problems with the implementation of acquis in the area of environmental protection, as well as the pre-defined
schedule of preparations for these investments, public procurement procedures will be
launched all at the same time. In addition, with a limited number of contractors and
subcontractors, if a large number of public procurement procedures are simultaneously
announced by beneficiaries, contractors tend to quote disproportionately high prices
compared to the actual value of contracts. The very structure of contracts also increases
the cost of investments. Large-scale public tenders eliminate smaller construction companies with human resources and material base insufficient to meet the requirements
defined in Terms of Reference. Lack of adequate standards is yet another reason for the
increase in investment costs, affecting the quality of project documentation developed
by beneficiaries. Errors in project documents identified during the implementation of
investments, as well as negligence on the part of the Contracting Authority, are often
used as a basis for claims by contractors. However, at the beginning of 2009 there were
some indications that this tendency to increase the investment costs, which works to
the detriment of beneficiaries, could be reversed, even if only partially. Faced with
a significant economic slowdown and the resulting drop in prices of certain building
materials, as well as the lower number of contracts, contractors must compete for these
contracts to a greater extent than in the period of economic upturn. As a result, it is
often the case that prices quoted by contractors in the course of public procurement
procedures are more attractive.
Conclusions
When we attempt to evaluate the first five years of Polands membership in the
European Union in terms of its impact on the development of transport infrastructure, we
must remember that the deficiencies in this area at the date of accession were so significant
114
115
that despite the considerable transfers of EU funds it was simply impossible to quickly
and effectively bridge this gap. However, we must also point out that according to public
opinion, Polands accession to the EU had a positive impact on the condition of roads and
infrastructure in Poland. In a study conducted by Public Opinion Research Centre (CBOS),
over 50% of respondents agreed with this statement and only 9% thought otherwise183.
The summary of Polands membership in the EU can be therefore positive, given
a number of benefits. First of all, changes in the demand for transport services resulted in
the establishment of closer economic links between most regions of Poland and the EU.
In addition, the mandatory application of EU funds in accordance with EU regulations
was used as a basis for a relatively coherent vision of transport infrastructure development, with precisely defined priorities and the timeframe for their implementation.
Even more importantly, a number of large road
investments (motorways and
expressways) were completed; it was a good reaction
for the evolving trends in
demand. As a result, the accessibility of some cities and
regions was improved. For instance, the length of Polands
motorway network increased
from 405 km in 2003 to 765
photograph by ANDRZEJ KISIEL, entitled You can see better from the top
km as at the end of 2008184. In
A photo sent as part of a photography competition ZPORRe zmiany w regionach
Redevelopment of a bridge in ydw along with access to voivodeship road No 205,
addition, major investments
zachodniopomorskie voivodeship
were implemented in the area
of railway and urban transport. As a result, the role of transport infrastructure as a barrier to Polands development is now reduced.
In addition, it must be emphasised that the first five years of Polands membership in the EU can be regarded as a process during which potential beneficiaries were
prepared to the absorption of much higher Community funds for the development of
transport infrastructure in the years to come.
183
184
CBOS, Bilans czterech lat integracji Polski z Uni Europejsk, BS/66/2008, April 2008.
According to the Ministry of Infrastructure.
115
116
On the other hand, the major points of criticism include the obvious tendency
to upgrade the existing transport routes rather then building new roads or railway lines,
excessive fragmentation of funds injected to the Polish transport sector under IROP and
INTERREG, or earmarking of excessively high funds for the purchase of rolling stock
instead of implementing infrastructure investments185.
Based on the analysis of programme documents for the period 20072013, we
may conclude that these problems have been eliminated, at least partially.
185
116
T. Komornicki, Wpyw czonkostwa Polski, op.cit., p. 36.
117
Air Transport
The air transport market is one of the most important sectors in the world
economy. In terms of traffic figures Europe is ranked second after North America186, in
terms of the number of airports, Europe is in first place. At the same time, air transport
closely related to the global business outlook and related to oil prices is an industry
that is especially sensitive to changes in the global macroeconomic situation, particularly in the context of the economic crisis. The air services market in the European
Union (EU) has been liberalised. This means that the system of reciprocal international
agreements between states, with a restricted network of connections and set prices, ceased operating, and the principle of free access to air routes began to apply. The acquis
communautaire in the area of air transport covers aspects from, among other things,
access to the internal market through passenger protection, environmental protection,
protection of social rights of airline employees, to questions of safety and counter-terrorism measures.
Who wants to go to Gdask? There isnt a lot there after youve seen the Shipyard Wall187, said Michael OLeary, the Managing Director of Ryanair, Europes largest
low-cost carrier, in 2005. In the following years it became clear that despite his opinion
there were large numbers of people willing to travel to Gdask and many other Central and Eastern European cities. According to figures from the European Organisation
for the Safety of Air Navigation (Eurocontrol), in 2007 the number of flights in Europe
surged to 10m., an increase of 5.5% in comparison with 2006. The largest increase in air
traffic reaching in some countries as much as 20% year on year was noted in Central
and Eastern Europe. Eurocontrol predicted that the greatest amount of traffic in 2008 is
to be expected along the Adriatic coast, in the Baltic republics and in Poland. According
186
187
J. Litwiski, Linie lotnicze wiata w 2007 r. [Airlines of the world 2007], Research, Technical and Economic Information Centre, The Civil Aviation Office.
K. Done, Polish low-cost airline set to expand into UK and Irish markets, Financial Times, 8 December 2005.
117
118
to forecasts, low-cost carriers188 are for the first time expected to account for 20% of the
total number of flights189.
The changes which have taken place in the EU market following the liberalisation of air services created enormous expectations in Polish society regarding the price
of air tickets after Polands accession to the EU. The dynamic growth in traffic which
occurred in Poland after accession created both a great deal of enthusiasm concerning
the potential for development of the Polish market, as well as interest in participating
in that market. According to the International Air Transport Association (IATA) in the
course of four years, starting from 2005, Poland was to become the fastest growing air
transport market in the world. IATAs calculations indicated that in 2005 Polish airports
would handle around 11.5mln passengers, that is about 25% more than in 2004. IATA
estimated that in the years 20052009 passenger flights in Poland would grow at an average rate of 11.2% per annum. This would be the fastest predicted growth in the world
among countries handling more than 2 mln passengers annually. According to these
predictions from IATA, Poland would exceed the dynamic pace of development of the
Chinese and Czech markets190.
The liberalization of air services in the EU is one of the few examples of fully
successful market opening. Poland, at the moment of joining the EU on 1 May 2004, was
able to take advantage of 7-year experiences of a liberalised air services market191 and
expect similarly as in the countries of Western Europe a beneficial impact thereof
(increased competition in the market, the emergence of new carriers, decline in ticket
prices, a wider range of air services, and so on).
hanges in the air services market associated with

C
Polands accession to the EU
The first, partial liberalising activities in Poland took place prior to accession to
the EU and were associated with liberalisation of the bilateral agreements on the basis of
which the market in Poland functioned, and also the entry of the first low-cost airlines
On account of the fact that low-cost carriers (LCC) usually dont offer free, hot meals, access to an executive lounge, loyalty programmes and in-flight entertainment (these services are often called frills), they can also be called no-frills carriers.
189
Flights in Europe surge to all-time high in 2007 and forecast to grow steadily in 2008, Press release Eurocontrol, January 2008.
190
IATA Passenger Forecast 20052009, IATA, October 2005.
191
The process of liberalision of the aviation services market began in 1987. The introduction on 1 January 1993 of the third liberalising package ended the liberalisation process in this market, although in fact it only ended in 1997, when carriers received cabotage rights (that is, the right to operate within the domestic
borders of another country) within the EU.
188
118
119
into the market. First came the liberalisation of the agreement with the UK, Germany
and Scandinavian countries. Next, the agreements with Spain, Italy and France were
liberalised. Thanks to the initial opening of the market, as early as in December 2003 the
first and interestingly Polish low-cost airline offering international flights appeared.
In December 2003 AirPolonia launched the first connection between Warsaw and the
London airport Stansted (AirPolonia went bankrupt after a year in operation). The first
foreign low-cost airline to appear in the Polish skies was the German company Germanwings, which in March 2004 started operating the first connection on the Warsaw-Cologne route192.
After 1 May 2004 the number of foreign carriers providing regular connections to
and from Poland systematically increased, including further low-cost carriers. This trend
continued during the first years following accession. In the period 20072008 a dozen
or so foreign and a handful of Polish carriers operated in the Polish market (PLL LOT,
Centralwings, JetAir, Sky Express) providing regular flights to and from Poland as well
as within the country. In 2007 seven foreign carriers entered the Polish market, and in
2008 only three. In 2007 two carriers either withdrew or suspended services, while in
2008 eight did.
After accession the Polish air transport market developed dynamically. The number of low-cost carriers increased, foreign carriers recorded increased volume of haulage,
and the range of offered services improved. LOT Polish Airlines (the national carrier)
was confronted with increased competition in the air services market, while at the same
time maintaining a strong position therein.
In 2004 almost 9 mln passengers were handles by Polish airports, in 2005 over
11.5mln, and in 2006 over 15mln. The number of passengers handled in 2005 in comparison to 2004 grew by 30.18%, and those served in 2006 in relation to 2005 rose by
33.57%193. The number of passengers handled in 2007 amounted to 19.1 mln. This means
that in 2007 more than 10 mln (117%) people were handled in comparison to less than 9
mln who travelled in 2004. This translates into an average annual growth of 29.5% (in the
five years prior to accession the Polish, air transport market grew at an average annual rate
of 7.5%). By comparison the global air transport market grew at that time at a rate of 6%
per annum194. In the first half of 2008 Polish airports handled over 9mln passengers, which
P. Zagrajek, Korzyci i straty dla polskiego sektora transportu lotniczego wynikajce z przystpienia Polski do Unii Europejskiej [Gains and losses for the Polish air
transport sector resulting from Polands accession to the EU], expert study commissioned by UKIE, p. 9.
193
Analiza rynku transportu lotniczego w Polsce w latach 20042006 [Analysis of the air transport market in Poland 20042006] , The Civil Aviation Office, September 2008, p. 13.
194
Ibid, p. 26.
192
119
120
constitutes growth in relation to the same period of 2007 at a level of 14.43% (1.2mln passengers). The growth in passenger traffic isnt as dynamic as in previous years195. In 2008
Polish airports served over 20,650,000 people, or 1,541,000 more than in 2007. The lower
figures for the entire sector were influenced by the last quarter of 2008, when all airports
served 6.5% fewer passengers than in the same period of 2007. Overall, in relation to 2004
Polish airports recorded an increase in passenger numbers of 134%196.
Chart 1. Number of passengers handled in Poland 20042008
25
20
15
10
5
0
2004
2005
2006
2007
2008
Number of passengers in mln
Source: Authors own elaboration based on statistics from the Civil Aviation Office.
However, it is worth looking at the growth in air transport from the point of view
of the so-called base effect. Poland is characterised by the poor mobility197 of its citizens
in making use of air services. Despite the fact that the mobility of Poles has increased
since 2004, in comparison with the EU-15 and other countries that acceded to the EU
in 2004 (e.g. Hungary, Czech Republic), it still is at a low level. The mobility indicator
of Poles grew by 0.23 in 2004 to 0.3 in 2005 and 0.4 in 2006. Worse figures than Poland
were recorded only by Romania and Slovakia. The Czech Republic, Hungary, Estonia
and Latvia have mobility indicators twice as high, at a level from 0.8 to 1.0. In Germany
and France this coefficient is at a level of 2.0, whereas in Sweden, Finland and Norway at
195
196
197
120
Statystyki ruchu lotniczego w I proczu 2008 r. [Air traffic statistics for the 1st half of 2008], Polish Air Navigation Services Agency, www.pata.pl.
The Civil Aviation Office statistics, www.ulc.gov.pl.
The proportion of passengers handled by airports in a given country against the population size.
121
a level from 3.5 to 7.0. The dynamic growth in the number of passengers (33.6%) achieved in Polish airports in 2006, higher than the EU average, was possible thanks to the
low mobility indicator198. According to predictions from the Civil Aviation Office concerning the numbers of passengers using air transport, Poland should achieve a mobility
indicator of 2.13 by 2030199.
In 2007, when 2.5bn passengers were handled in the United Kingdom, and the
mobility indicator of that country amounted to 3.95, in Poland that coefficient amounted to mere 0.5200. In 20042007, the market in the UK grew considerably more slowly
than in Poland, at an average rate of 3.5%, that is 8 and a half times more slowly than in
Poland. This translates, however, into a quantitative increase of 25mln passengers, or 2
and a half times greater than in Poland. Achieving good results for the growth of passenger numbers in Poland was possible thanks to the low mobility indicator. The growth in
passenger numbers of 3.8 mln translates into a rise of over 30%, but the same numbers
in, for example, Spain would give that country a growth of only 2%201.
In 20042006 foreign carriers were the driving force in the development of Polish air transport. They started the majority of the new connections, and in 20052006
carried the majority of the passengers travelling to and from Poland. In 2005 the share
of foreign carriers in the number of passengers departing and arriving at Polish airports
on scheduled flights amounted to 51.37%, and to 58.04% in 2006. The top ten, in terms
of number of passengers carried on scheduled flights, included eight foreign carriers, of
these five foreign low-cost carriers202. Two things happened to Polish air transport: the
dynamic development of low-cost carriers and an increase in the sector of networked
haulage. In the years 20052007 the number of passengers served by traditional airlines
in the Polish market grew by 21%, generated by an average annual increase in flights of
10%. LOT Polish Airlines, the Polish market leader203, increased its passenger numbers
between 2005 and 2007 by 20%. In the same time, LOTs greatest competitor, the German Lufthansa, increased flights to and from Poland by 45%, however in terms of figures
J. Litwiski, Dziaalno polskich portw lotniczych w 2006 r. [Activities of Polish Airports 2006], Research, Technical and Economic Information Centre, Office
of Civil Aviation.
199
Civil Aviation Office forecast concerning number of passengers using air transport as well as the volume of trade operations in Polish airports up to 2030,
www.ulc.gov.pl.
200
P. Zagrajek, Korzyci, op.cit., p. 26.
201
J. Litwiski, Dziaalno, op.cit., p. 9.
202
Analiza, op.cit., p. 40.
203
On account of competitive pressure, LOT decided to create a separate low-cost carrier. The task of the new company was partly to protect PLL LOT from the
expansion of foreing low-cost carriers, as well as building a strong commercial enterprise combining the model of regular low-cost flights with charters, which
were taken over in their entirety from LOT. The daughter company of PLL LOT, with the trade name Nowy Przewonik Sp. z o.o. Centralwings, was granted the
licence at the end of 2004. It began operations at the beginning of 2005, firstly from charters, then at the beginning of February Centralwings began regular flights
on the route WarsawLondon Gatwick.
198
121
122
this translated into 270,000 passengers, i.e. more than two thirds fewer than in the case
of LOT204. LOTs network was significantly reduced. In September 2008 Nowy Przewonik Sp. z o.o. Centralwings withdrew from providing scheduled flights (restricting the
flights on offer before the summer season). This decision was a reaction to the financialeconomic crisis, which is affecting the air transport market and leading to fewer flights.
Chart 2. Growth in passenger numbers in the Polish market 20052007 for the six largest
network carriers
20.14%
LOT POLISH AIRLINES

LUFTHANSA DEUTSCHE
AIRLINES
44.61%
3.48%
BRITISH AIRWAYS
26.41%
AIR FRANCE
SCANDINAVIAN AIRLINES
SYSTEM
12.95%
ROYAL DUTCH AIRLINES

(KLM)
5.93%
31.65%
OTHER FSC
20%
10%
0%
10%
20%
30%
40%
50%
Source: P. Zagrajek, Korzyci i straty dla polskiego sektora transportu lotniczego wynikajce z przystpienia Polski do Unii Europejskiej, ekspertyza na zlecenie UKIE, p. 13, based on the Civil Aviation
Office data.
49 low-cost carriers from 22 countries operated on the European market in 2007

(with the following countries enjoying the largest share: the United Kingdom 8 airlines, Germany 6 and Sweden 5). In comparison with the previous 21 years, there are
further 25 carriers offering more than 50 flights daily205.
In 2005 over 3.2 mln passengers used services of low-cost carriers, and firms in this
category took 31.5% of market share. In the following year this share amounted to 46%,
which translates into 6.5mln passengers. In 2007 over 8,600,000 passengers travelled to
and from Poland using budget operators, which gave them over 50% of market share206.
204
205
206
122

Low-Cost Carrier Market Update, Eurocontrol, June 2007, p. 16.
123
In 2007 Poland was one of seven European countries whose share of low-cost carriers was
over 20% (Ireland, the United Kingdom, Slovakia, Spain, Germany and Belgium/Luxembourg). A majority of member states recorded an increase in budget flights, with 2 percentage points average growth (excluding through-flights). In 2007 Poland was in 13th place
among European countries in terms of growth in low-cost carriers207. In 2008 five low-cost
carriers were in the top ten in terms of numbers carried on scheduled flights. This group of
five carriers took 48.82% of the market.
Chart 3. Budget carriers market share against traditional operators 20052007
2007
50.21%
2006
46.42%
31.52%
2005
LCC
49.79%
53.58%
68.48%
FSC
Source: P
. Zagrajek, Korzyci, op.cit., p. 11, based on Civil Aviation Office data; (LCC: Low Cost Carriers,
FSC: Full Service Carriers).
In the winter season 2003/2004 it was possible to fly from Polish airports via foreign carriers to 24 destinations abroad, whereas in the 2006/2007 season it was already
possible to fly to 55 foreign destinations208. In a period of five years the offer of low-cost
carriers in Poland has covered 27 countries and 103 foreign destinations. These have
offered about 360 connections. In the 2008 summer season passengers travelling to and
from Poland had 180 connections at their disposal209.
The socio-demographic profile of travellers using the low-cost airlines was mainly delineated by such variables as: income, education, age and profession. According
to an analysis by the National Goods and Services Survey210 in 2006, the percentage of
Low-Cost, op.cit., p. 810.
209
210
Sample: 45 400 people; travellers flying at least once a year 7% (3 163 persons), Acxiom.
207
208
123
124
people using a low-cost airline at least once in the year was 7.4%. This constituted a group of active tourists travelling mainly on holiday in Europe, and a portion of them even
travelled further. Income seems to be the most significant variable influencing travel
on budget airlines the higher it is the more frequently a person confirmed using them
(in 2006 one in six of those travelling earned more than 4,000 PLN per month, and only
7.5% below 1,000 PLN per month). Education significantly influenced declarations of
using budget airlines. As many as three quarters of those declaring making at least one
flight using a budget airline in 2006 completed secondary or higher education (those
with primary or vocational education made up 12%).
In terms of profession, the customers of budget airlines were dominated by specialists, private business people, managers and directors. They were also the residents of the
largest cities. In 2006 people in the 2529 age group (21% of travellers), as well as those
in the 3039 age group (also 21%) most frequently declared using low-cost carriers. In the
4049 age group the usage was much lower (15%), similar to the 5059 age group (16%),
but in the oldest age group the percentage of those travelling by budget airline was much
higher (19.7%). The percentage of these people in the test group was not much lower
(index 117), which should be interpreted as meaning that in this age group this feature is
significantly more frequent than in the tested population. Gender has little discernable
effect on actual use of low-cost carriers. Men travelled slightly more frequently in 2006.
In terms of non-scheduled transport, mainly connected with holiday charter flights, there was a steady increase in licences granted to foreign carriers. This mostly concerned carriers from Turkey, Tunisia, Egypt and Israel. This is conditioned by growing
demand from travel agents for this type of operation. In 2007 the Civil Aviation Office
issued about 60 licences, while in 2008 there were about 70. One way of explaining this
phenomenon is through tourist destinations. The most popular destination among Poles
in the winter season was Egypt (32% according to sales in the winter offer 2008/2009)211.
Migration and the air transport passenger market in Poland

The migrations of Poles to the United Kingdom and Ireland undoubtedly exerted
a large influence on the development of low-cost travel in Poland. Incoming traffic via
low-cost operators increased considerably, especially with the opening of routes to Cen211
124
P. Otto, Loty do Anglii zdroej o 30 proc. [Flights to England to cost 30% more], Gazeta Prawa, 29 September 2008.
125
tral and Eastern Europe, especially Poland. This coincided with the growth of Eastern
and Central European citizens taking up employment in the United Kingdom after the
EU expansion. But we cant say that without the budget carriers thered be no Polish
plumbers, claimed Harry Bush, Director for Economic Regulation of the British Civil
Aviation Authority, These people would otherwise have travelled by bus212.
The low-cost airlines operated routes to countries which were the main directions of the economic migration of Poles. Connections to the United Kingdom and Ireland formed almost 60% of Polish low-cost trips. The clear leader in flights in this direction was Ryanair, for whom flights to the United Kingdom and Ireland constituted, e.g.
in December 2008, 85% of flights to and from the Polish market213. In 2000 there were
only five scheduled flights between the United Kingdom and Poland. Six years later, according to figures from the aviation regulator the Civil Aviation Authority, 27 different
connections between 12 Polish and British cities were identified214. Almost 40% of all
low-cost flights in the first six months of 2007 were concentrated on 10 connections to
and from the United Kingdom, including one between Poland and the United Kingdom
(in 16th place, a drop of one place in relation to 2005)215.
In the years 20042006 the destinations most frequently chosen by travellers were:
London five carriers, Copenhagen, Paris, Milan four carriers, Rome, Helsinki, Frankfurt three carriers216. Of course, the number of travellers between Poland and the United
Kingdom grew most dynamically. In 2003 the airlines carried 512,000 people on these
routes. In 2004 there were already almost a million. In 2005 the number of passengers was
three and a half times greater. In 2006 Centralwings opened up a connection from Warsaw
to Leeds, Sky Europe from Krakw to Birmingham, and Ryanair from d to East Midlands217. Hitherto no airline had offered flight between these cities and Poland, and they
are only a few of the new connections that the low-cost airlines were interested in starting
up in 2006. The traditional carriers showed little interest in opening up new connections in
2006. LOT considered launching flights to Birmingham and Edinburgh. These plans failed
to materialize, however, and the connection to Edinburgh was opened by Centralwings218.
Five of the six routes which Centralwings decided to add to its summer flight schedule were
K. Done, No-frills airlines had little impact on growth, Financial Times, 16 November 2006.
Flying lessons, The Economist, 19 July 2008.
215
Low-Cost Carrier Market Update, Eurocontrol, June 2007, p. 13.
216
217
Ryanair planned to reduce connections between Poland and the United Kingdom from March 2009 to 11. Ch. Starter-Smith, Ryanair cuts 11 routes to Poland,
Daily Telegraph, February 2009.
218
A. Burak, LOT i British Airways trac pasaerw [LOT and British Airways lose passengers], Rzeczpospolita, 28 January 2006.
212
213
214
125
126
to connect Poland with the United Kingdom and Ireland. These routes were to take up
60% of Centralwings capacity and flight growth predicted for 2006219.
Carriers reduced the number of connections to the United Kingdom when the
numbers of Poles flying there decreased. The low-cost airlines announced only nine new
connection start-ups from Poland in autumn 2008. In the same period of previous years
they announced many more routes. Route closures to the United Kingdom resulted in
the opening of other new connections. WizzAir closed 9 routes, mainly from the United
Kingdom, but opened 17 new ones in Europe, including to Rome, Milan and Bologna220.
Chart 4. Estimated market share of low-cost carriers (LCC) of individual markets to and from
Poland in December 2008
Italy
5%
Other
11%
Norway
6%
Germany
9%
Ireland
13%
UK
51%
Source: P. Zagrajek, Korzyci, op.cit., p. 12.
ffects of development of the air transport market

E
in Poland on ticket prices
The most anticipated change following accession was a drop in ticket prices. For
example, the price of a ticket from Warsaw to Paris (to Beauvais airport) in March 2008,
offered by WizzAir, amounted to 1 PLN (240 PLN after airport charges and taxes). This wasnt
a representative price for the entire low-cost flight segment in Poland. The price for low-cost
flights fluctuated from 1 PLN to figures significantly over 1,000 PLN in one direction.
Centralwings new offer was commented on in the British press: Centralwings, a low-cost carrier belonging to PLL LOT, plans a rapid expansion into the British
and Irish markets, to meet the growing needs of Polish workers in both countries, K. Done, Polish low-cost, op.cit.
220
P. Otto, Loty do Anglii, op.cit.
219
126
127
Unfortunately, figures for the average price of flights in the Polish market are not
available. Estimates and the actions of carriers in the form of aggressive price policies
testify to their significant fall. It has been estimated, for example, that the entry into the
Polish market of the low-cost carriers led to a drop in the cost of plane tickets of one
third between 20042005. Research from other markets shows in general that liberalisation of the market has a considerable influence on the drop in prices. Two years after
the liberalisation of the market, between Dublin and London, where three airlines were
competing, British Midland, Ryanair and Capital, prices fell by almost a half in comparison with connections between Dublin and other European capitals (with the exception
of Madrid) where there were two dominant carriers (a duopoly). A further example is
the route between Cologne and Hamburg. When in January 2003 the connection began
to be operated by Hapag-Lloyd Express, Lufthansa reduced the return fare restriction
from 143 EUR to 92 EUR without restrictions (36%)221.
In October 2004, i.e. less than a year after accession, market research was conducted to detect the perceived benefits and drawbacks resulting from accession. One of the
issues concerned the effects of membership on the price of plane tickets. The largest group
of people (69%) were still unable to estimate its influence, 17.8% assessed that accession
had led to a fall in ticket prices, 7.6% thought they had gone up, and 5.5%, that they
had remained unchanged. Price falls were mentioned mostly by the young (1824 years)
men, pupils and students and those with higher education. Two years after this research
(2006) a group of Poles selected at random were asked once again to assess the influence of
membership on the price of plane tickets. This time the positive influence of membership
was perceived by 38% of those asked, while a negative influence was stressed by 6%, 22%
of those tested felt that membership had had no effect on ticket prices. Once again, men
mentioned the positive benefits, most often aged 2529, with a higher education (58%
of people with a higher education stated that the influence of the EU had been positive),
occupying directorial positions or working in liberal professions (68.5%). They simultaneously possessed the highest incomes and lived in the largest cities. They mostly lived in
the south of the country (Maopolskie, Podkarpackie), and also in Zachodniopomorskie.
As they declared, they spoke at least one western language fluently222.
Intensive promotional activities focussed on the customer from the very beginning of the emergence of low cost carriers on the Polish market. Following the expe221
222
P. Zagrajek, Korzyci, op.cit., s. 8.

Monitoring by the Department of Analysis and Strategies of UKIE based on SMG/KRC, October 2004, SMG/KRC, September 2006.
127
128
riences from the EU market, the practice of quoting the net price, in other words the
price without airport handling fees and various taxes and duties was adopted in Poland.
In effect the final price paid by a passenger was often many times greater than that mentioned in the adverts. A passenger was not only unable to be fully aware of the actual
cost of the flight, but might also not be able to properly compare the offers of different
carriers. Standard practice here was, apart from collecting an airport handling fee, manipulating the insurance costs, suggesting they formed an integral part of the flight, adopting exchange rates that were unfavourable for the passenger or applying a fee for credit
card transactions. In many cases additional fees were collected which didnt reflect the
real costs incurred by the airline. In the Polish market, this type of price advertising was
initially prohibited by regulations regarding dishonest practices. Ultimately, though, the
relevant EU regulations were passed regulating the issue of establishing the price of air
fares223. Carriers, in order to appear to be lowering prices, decided to exclude part of the
services from normal flight offer, and at the same time from the price initially quoted.
This concerned such services as registered baggage, or airport handling fees224.
It is hardly surprising, then, that in 2006, 57% of Poles had a negative opinion of
flight offers for a few PLN and thought that the airlines were not operating honestly, quoting ticket prices at such a level in adverts. A portion of them (33%) was of the opinion
that often the total costs were higher, and 24% were convinced that this was the rule.
From the research carried out by Pracownia Bada Spoecznych (PBS DGA) it emerged
that mere 6% Poles declared that offers of tickets for a few PLN are completely honest.
The remaining 12% considered that they were honest but admitted that their availability
was restricted225. However, for the majority of budget airline customers the most important criterion in choosing a particular offer was the price226.
Development of regional airports after accession to the EU

In Poland 12 commercial airports are in operation (a commercial airport is an
airport which operates business flights, that is flights associated with passengers, cargo
Regulation of the European Parliament and of the Council no 1008/2008 of 24 September 2008 on common rules for the operation of air services in the Community, OJ EU 2008 L 293/3.
224
P. Zagrajek, Korzyci.., op.cit., s. 7.
225
Wojna cenowa przewonikw. Co na to klient? [Carrier price war. What does the customer think?], Report prepared by On Board PR-ECCO Network based on
public opinion poll carried out by PBS DGA in July 2006 on a nationally representative random sample of Polish residents aged 15 and over, Warsaw, August
2006, p. 3.
226
Ibid, p. 4.
223
128
129
and/or mail). Development of regional airports began after accession to the EU. In 2004
these airports served 31.1% passengers. Their share in the number of passengers gradually increased year on year and in 2008 it amounted to 54.32%227.
Chart 5. Share of regional airports in the Polish market compared to Warsaw airport
45.68%
2008
2007
54.32%
48.43%
2006
51.57%
47.26%
52.74%
2005
61.49%
2004
38.5%
68.88%
0.00%
Warsaw
20.00%
31.12%
40.00%
60.00%
80.00%
100.00%
Regional
Source: P
. Zagrajek, Korzyci, op.cit., p. 27 and Liczba obsuonych pasaerw oraz wykonanych operacji pasaerskich w polskich portach lotniczych w latach 20072008, Civil Aviation Office, February 2009.
The dominant role in the Polish market was played by Warsaw airport. The growth
in share of the regional airports did not take place at the cost of a reduction in the number
of passengers handled by the central airport. It was more a result of the higher development dynamic of the regional airports compared to Warsaw airport and the difference in
the levels of development prior to EU accession. At the moment of accession, the regional
ports mostly handled internal flights operated mainly by the national carrier.
A characteristic feature in the development of the regional airports was the number
of passengers of low-cost carriers served by them. In 2005 budget airline passengers constituted 21.31% of all passengers handled by Warsaw airport, and in 2006, 28.64%. In the regional
airports their share in 2005 and 2006 amounted respectively to 49.42% and 66.44%. The
leading regional airport is Krakw. In the period 20042006 it handled the greatest number
Liczba obsuonych pasaerw oraz wykonanych operacji pasaerskich w polskich portach lotniczych w latach 20072008 [Number of passengers handled and
passenger operations in Polish airports 20072008], Civil Aviation Office, February 2009.
227
129
130
of passengers among all the regional airports228. The greatest growth in the number of passengers in the years 20042007 was recorded by the airports in d, Bydgoszcz and Rzeszw.
In quantitative terms, these airports have the lowest numbers of new passengers.
In quantitative terms the greatest growth has been achieved in Warsaw, where in the
years 20042007 passenger growth was maintained at a level of over 3mln passengers.
The second-placed airport was Krakw.
Table 1. Comparison of regional airports on the example of d and Krakw
Krakw Airport
d Airport
The airport had the most diverse network of connections.

In 2006, 21 airlines operated flights there, including 13
traditional carriers. Passenger structure looked as follows: low-cost airlines 62%, traditional carriers 33%
and others 5%.
The airport handled relatively the largest percentage

of low-cost passengers. In 2005 and in 2006 the share of
low-cost carriers was over 97%.
In 20042007 passengers volume grew by 278.8%.

In 2008 relative to 2007 the number of served
passengers fell (4.8%).
In 20042007 passenger numbers grew by 4,917.11%.

In 2008 relative to 2007 passenger numbers grew
by 9.46%.
The airport had the best passenger handling results, taking

15.3% of the market in 2006. In 2008 its share was 14%.
ds market share in the total number of passengers

handled by Polish airports grew from 0.07% in 2004 to
1.33% in 2006. In 2008 this share was 1.65%.
In terms of the financial prospects for the years 2007

2013 the passenger terminal is to be expanded. The plan
guarantees better service and increases the airports
capacity.
In 1998 the airport reopened after over a dozen years

of closure, but the amount of flights was restricted. The
airport has been modernised and expanded.
Source: O
wn work based on CAO data, Dziaalno polskich portw lotniczych w 2006 r.; P. Zagrajek, Korzyci, op.cit. and CAO statistics (www.ulc.gov.pl).
Structural funds and aviation in Poland

In the initial period of EU membership, Polish air transport practically received
no significant aid from EU funds. The only large project directly associated with aviation was the modernisation of the SzczecinGoleniw passenger terminal, supported by
the INTERREG PolskaMecklenburg programme to the tune of 4.3mln PLN. Indirectly
associated with air transport was the modernisation of the section of railway line No.8
(Warszawa ZachodniaWarszawa Okcie), using 55mln PLN of support from the SPOT
fund. This line ensures efficient connection of public transport with the airport Warszawa-Okcie. A similar function will also be fulfilled by the road connecting the Rzeszw228
130
131
Jasionka airport with national roads Nos 9 and 19 (supported by IROP)229. The quality of
aviation infrastructure in Poland is considered poor. The effects of using structural funds
in terms of air transport will only be visible in several years, after 2013.
The Polish Airports State Enterprise (PPL), who owns the Warszawa-Okcie
airport, two regional airports, and owns shares of from 8.06% to 76.19% in other regional airports, has, according to experts, a strong market position; it restricts competition
between regional airports and imposes high prices for services230.
Chart 4. Comparison of aviation infrastructure quality
7
6
5
4
3
2
1
SVK
ARG
BRA
POL
ITA
RUS
CHN
MEX
HUN
LUX
TUR
IRL
JPN
PRT
CZE
ESP
GRC
CHE
GBR
KOR
NZL
CHL
AUS
SWE
BEL
CAN
AUT
ISL
USA
NL
NOR
FIN
FR
DK
DE
Source: S chwab, M.E. Porter, The Global Competitiveness Report 20082009, World Economic Forum, Geneva, Switzerland 2008 (7 stands for good quality, 1 for poor quality).
The design capacity of Terminal 1 at Warsaw airport, set at 3.5mln passengers

annually was exceeded in 1998, when over 3.8mln passengers were handled. The limit
of operational efficiency, set at 6.5mln passengers annually, was exceeded in 2005, when
over 7mln passengers handled were recorded. This required new investment to be undertaken. By opening a new terminal in December 2006 and then Terminal 2 in March
2008, Warsaw airport raised passenger service standards.
Thus far in Poland no new commercial airports have been opened. Among the
existing airports, only Warsaw, Gdask, Pozna, Wrocaw, Katowice and Krakw are
T. Komornicki, Wpyw czonkostwa w Unii Europejskiej na rozwj infrastruktury transportowej w Polsce, grudzie 2008 r.[The influence of EU membership on
the development of transport infrastructure in Poland, December 2008], expert study commissioned by UKIE, p. 26.
230
R. Kierzekowski, The challenge of rapidly improving transport infrastructure in Poland, OECD Economics Department Working Papers No. 640, 29 September
2008, p. 16.
229
131
132
above the viability level estimated at 350,000 passengers per annum. This means that
so far only five Polish regions have a fully viable air transport system. The remaining
airports in Szczecin, Bydgoszcz, d, Rzeszw and Zielona Gra have not managed
to develop their flights sufficiently to reach the viability level. The additional fact that
traffic in these airports is generated mainly by a single airline deepens the sensitivity of
these airports to the shaky business outlook in the air transport market231.
On account of the location of commercial airports operating in Poland, some regions of the country, especially those in the east and a part of the Zachodniopomorskie
Region, lie outside the areas they cater for. Plans for the development of the aviation
infrastructure envisage that, at least in some of these areas, airports will be built in the future. Bearing in mind the relatively early stages of the work on these projects, it is hard to
predict the timescale for their delivery232. In the years 20072013 the financing of aviation
infrastructure as well as navigational infrastructure will be supported from EU funds.
First, as a part of the Operational Programme Infrastructure and Environment
the development of the aviation network in Poland as a part of the trans-European transport network (TEN-T) is envisaged. Funds will be allocated for investments such as:
expansion and modernisation of passenger terminals, construction of new terminals, increasing capacity of regional airports and modernising aviation infrastructure. Secondly,
the development of regional airports is expected, as a part of the Regional Operation Programmes with funds from the European Regional Development Fund. The total allocation from the Cohesion Fund designated for the TEN-T road and air transport network in
the years 20072013 amounts to 8,802.400mln EUR. The total value of projects carried
out in the region of air transport should reach 4,442.490mln PLN (this envisages an estimated EU support level of 1,306.270mln PLN)233. Support will be used in such projects
as: developing runways and airport access roads and the construction and expansion of
passenger terminals.
Conclusions
This chapter has attempted to analyse certain aspects of the changes that have taken place in the Polish air passenger transport market as a result of accession to the EU.
231
232
233
132

Ibid.
Updated list of individual projects for the Operational Programme Infrastructure and Environment, February 2009.
133
Thanks to Polands accession to the EU, improvements have been made in the
accessibility of airline services in Poland. This was, above all, associated with the full
liberalisation of flights opening the market and providing access for EU carriers to the
Polish market, and vice versa. These positive changes in the market would not have been
possible if Poland had not withdrawn from its original intention of shielding these areas
with a transitional period. The idea behind the transitional period was to protect the national carrier from competition from foreign carriers. In the course of the five years since
Poland joined the EU, the carrier has maintained a strong market position and held first
place in terms of passengers handled in Polish airports in the years 20052007.
In the period under discussion, of particular importance for the development of
the Polish air transport market was the arrival of the low-cost carriers. In the course of
five years a total of 22 low-cost carriers operated in the Polish market, of which half withdrew either as a result of commercial decisions or through going out of business. This
was caused by the constant appearance of new competitors (the entry of new low-cost
carriers into the market) and the battle for customers through price cutting. Only five
of the eleven operating carriers offered more than two connections. Two of the three
clear leaders in the European market operated in Poland: Ryanair and EasyJet. Air Berlin
the third largest low-cost carrier in Europe along with FlyNiki withdrew after a few
months of operating in Poland. Ryanair operated from the largest number of airports in
Poland, that is from d, Gdask, Szczecin, Bydgoszcz, Pozna, Wrocaw, Katowice,
Krakw and Rzeszw. This carrier operated from 31 bases in Europe, of which 19 were
opened in the period in which it began offering flights to and from Poland234.
Liberalisation also had an effect on the situation of regional airports and the
growth in passenger numbers handled by them. Regional airports increased their network of international connections as well as their importance in the Polish air transport
market. Their development didnt take place at the cost of the amount of movement
handled by Warsaw airport.
The events which took place in the Polish air transport didnt differ from the
events taking place in the liberalised EU market. There was a significant increase in the
range of flights on offer, new carriers arriving in the market, including low-cost carriers
which generated increased numbers of flights as well as new, more attractive prices.
234
133
134
Energy
Energy in the European Union (EU), as in all industrialised countries, plays a vital role in the economy. The significance of energy for Europes economic growth and
competitiveness is systematically increasing. The establishment of a smoothly operating
energy market is a prerequisite for dealing with all three challenges the European markets are facing: competitiveness, stability and security of supplies.
For many years the European Communities have not paid much attention to the
issue of energy. The Treaty establishing the European Community did not provide for
the creation of a common energy policy (similar to, say, the common agricultural policy). In this area, the principle of subsidiarity was mostly applied and community actions
were focused only on selected aspects of energy. The major breakthrough occurred at the
end of the 1980s. It was then that discussions on the energy sector started in the European forum. In 1988, a working document on the internal energy market235 was published
which, for the first time, expressed an opinion on the establishment of a single energy
market. The document postulated the integration of the internal energy market and defined those areas which should be the subject of arrangements under the integration. The
issue of integration of markets was developed in the Green and White Papers published
in 1995, referred to as the Energy policy of the European Union. Proposals to integrate
the energy market were included in the two primary energy directives: the electricity
directive in 1996236 and the gas directive in 1998237. Both directives were to mark the
beginning of a single, liberal and competitive energy market238.
Internal Energy Market 1988, COM (88) 238.

Directive 96/92/EC of the European Parliament and of the Council of 19 December 1996 concerning common rules for the internal market in electricity.
237
Directive 98/30/EC of the European Parliament and of the Council of 22 June 1998 concerning common rules for the internal market in natural gas.
238
The EU energy policy was then politically strengthened during the summit in Lisbon in March 2000, at which the economic and social reforms programme was
adopted, i.e. the Lisbon Strategy. During the session in Lisbon, the European Council called for a quick completion of work on the internal market and requested
the European Commission, the Council of the EU and member states to speed up the liberalisation of energy markets.
235
236
134
135
Renewable energy sources and biofuels

The European Union promotes renewable energy sources (RES)239. In the EU,
renewable energy sources include wind energy, solar energy, geothermal energy, wave
energy, tidal energy, small scale hydro power plants with a capacity of up to 10 MW and
biomass power plants. The purpose of increasing the share of renewable energy in the
energy balance of individual member states by 2020 constitutes an integral part of the
Climate and Energy Package adopted in December 2008. For the entire EU it is at 20%,
and Poland committed to reach a 15% share.
In Poland, the renewable energy sources market dates back to the 1990s. This
was related to the emergence of wind, solar, geothermal and biomass based plants. This
market, though it developed dynamically, was relatively small before accession to the
EU. This situation changed considerably in the face of the need to meet international
obligations and EU requirements. For example, the Energy Law of 1997 introduced farreaching changes in order to align Polish legislation with the requirements of the 2001
directive on electricity generated from renewable energy sources. These modifications
concerned e.g. environmental protection law, financial support of investments, spatial
and land use planning, construction law, public procurement law, and so on. New solutions providing a basis for the intensive development of the renewable energy sources
market based on generation and distribution of electricity were put into practice as late
as in October 2005.
Wind energy is the most dynamically developing renewable energy source. In
Poland, the increase in power from wind energy from 2006 until the end of 2007 was
100% (installed power increased from 152MW to almost 300MW)240. For the renewable
energy sector the beginning of 2008 was very promising, as a draft directive was adopted
and promotion of renewable energy sources started under the EU climate package. The
year ended with adoption of the climate package on 17 December 2008 and decisions
concerning renewable energy.
The European Union also supports the use of biofuel and fuel enriched with biocomponents in order to reduce the emission of greenhouse gases, decarbonisation of fuel
In December 1997, the Energy for the future: renewable sources of energy White Paper for a Community strategy and action plan prepared by the European
Commission was adopted. The document assumed that consumption of renewable energy will increase to 12% by 2010. In 2001, the European Parliament adopted
a directive on promotion of electricity generated from renewable energy sources in the internal market.
240
Source: EWEA, www.ewea.org.
239
135
136
used for transport, reduction of EU dependence on the import of crude oil and liquid fuel,
creation of new sources of income in rural areas and development of permanent substitutes for fossil fuels241. Under Polish law242, businesses operating in the sector of production,
import or intra-Community acquisition of liquid fuels or biofuels, and selling them or
disposing of them in another form in the Republic of Poland or using them for their own
purposes, as of 1 January 2008 are obliged to assure at least minimal share of biocomponents and other renewable fuels sold or used for their own purposes annually243.
hanges in the natural gas and electricity markets

C
liberalisation
Legislation concerning the single energy market resulted from the adoption of
two energy directives. The first one, adopted in 1996 and called the electricity directive, pertained to the common principles of the internal market in electricity. The second
one, adopted in 1998 and called the gas directive pertained to the rules of the natural
gas market. The electricity directive set out common principles governing the generation, transmission and distribution of electricity as well as rules for the organisation
and operation of the electric energy sector and access to the market. It required that the
owners and operators of the electric power network allow free access to the network to
other entities. On the other hand, the gas directive determined the basic and common
principles concerning the transport, distribution, supply and storage of natural gas. After
both directives were put into life, the process of liberalisation of the electricity and natural gas markets began. In that period, considerable differences between member states
had already been observed as to the liberalisation of the natural gas and electric energy
markets. Some member states opened their energy markets much wider than was set out
by the applicable law.
The experience gained during the implementation of the provisions of the electricity and gas directives encouraged member states to consider the speeding up and
deepening of the liberalisation processes in the electricity and natural gas sectors in the
EU. The results of discussions at EU levels included the second energy package, which
The major legal acts regulating the transport biofuel market in the EU include directive 2003/30/EC of 8 May 2003 on the promotion of the use of biofuels or
other renewable fuels for transport and directive 2003/96/EC of the Council of the EU of 27 October 2003 on restructuring the Community framework for the
taxation of energy products and electricity.
242
Law of 25 August 2006 on biocomponents and liquid fuels (Journal of Laws no. 169, item 1199).
243
Article 2 Section 1 item 25 and article 23 Section 1 of the said Law.
241
136
137
consisted of, among other things, a new EU directive concerning common rules for the
internal market in electricity and a new directive concerning common rules for the internal market in natural gas. Poland supported the actions taken by the Commission
right from the start of the legislation process aimed at market liberalisation started by
the Commission.
Both new directives outlined extended consumer protection and the public obligations of undertakings244. It also introduced a duty for member states to make sure that
power companies include in bills or promotional materials information concerning the
share of individual energy sources in the total fuel of the supplier over the previous year
and to indicate sources of information on environmental impact. The provisions concerning the independence of the designated operator of the transmission system were
extended. The minimum to be introduced by member states was determined in order
to assure the independence to the operators of the natural gas and electric energy transmission system. A duty was introduced to designate operators of transmission systems if
the system was a part of a vertically integrated undertaking. To assure the independence
of these operators, provisions were introduced to guarantee independent decisions, as
in the case of a transmission system operator. Also the deadlines for acquiring the right
to choose electric energy and gas supplier by individual user groups were changed in
order to speed up the introduction of competition in the electric energy and natural gas
markets. In particular, the deadlines for acquiring the right to choose an electricity or
gas supplier by individual user groups were changed. For individual users the right was
to be available as of 1 July 2007.
Moreover, the gas directive obliged the member states to undertake necessary
measures to assure equal and open access to the gas mains. In line with the directive,
gas undertakings could deny access to the transmission system only as a result of its limited capacity or if it obstructed the implementation of previous contractual obligations.
The directives clearly required the member states to designate one or more regulatory
authorities whose area of competence was specified in detail245. In Poland, pursuant to
the Energy Law of 1997, the Energy Regulatory Office is the regulatory authority.
The electricity directive provided special protection for households and small businesses. It is obligatory to require the electricity companies to connect users to
the network in line with conditions and tariffs based on the calculation methods or conditions set out or approved by regulatory authorities of a member state.
245
In line with the directives, the regulatory authority should have supervisory competence over: the principles of management and assignment of connection capacity, together with the regulatory authority or authorities of interconnected member states; mechanisms for regulation of overloading the national grid; time period
in which connection to the network and repairs are performed, the issuing by operators of information concerning the allocation of interconnection, connections
and operation of the network, accountancy unbundling, adherence to conditions and tariffs related to the connection of new electric energy producers, level of
transparency and competition. Moreover, a duty was introduced to equip the regulatory authorities with competences to determine or at least approve calculations
before they are introduced or to determine the requirements for the connection and provision of transmission and balancing services. The regulatory authorities
should also have the right to change the requirements, tariffs, principles, mechanisms and methods specified above in order to assure equal treatment of operators.
244
137
138
Before accession to the EU, the Polish natural gas sector was dominated by Polskie
Grnictwo Naftowe i Gazownictwo S.A. (PGNiG), which held a monopoly. This company
dealt mainly with natural gas extraction and import to Poland, as well as its transmission
and sale (distribution) to users. PGNiG was a perfect example of a natural monopoly246.
As a consequence, it was difficult to speak about the natural gas market, for on the one
hand there was only one seller in Poland, and on the other, prices were determined in an
administrative manner by approval of gas tariffs by the Energy Regulatory Office.
In order to fulfil pre-accession obligations concerning the alignment of Polish
legislation, the government undertook actions to introduce proper market mechanisms,
while maintaining the reliability and developing the natural gas transmission systems247.
The European Commission paid special attention to the problem of eliminating cross
subsidisation between user groups248. Also a plan to change the legal and ownership
structure of the natural gas market was devised. It was aimed at introducing a structure
allowing competition in the market. Unbundling249 became necessary, which means that
from a vertically integrated business250 the operations involving transmission, storage
and distribution251 need to be separated.
The transformation process that was started fundamentally changed the natural
gas market in Poland. First of all, far-reaching ownership changes were observed. The
Operator Gazocigw Przesyowych Gaz-system SA company was established (hereafter referred to as: Gaz-System), which in 2006 was designated by the President of the
Energy Regulatory Office to perform the role of gas transmission system operator in Poland. Hence a State Treasury company, independent of PGNiG both in legal and ownership terms252, was created. Such a solution became a guarantee for fair and transparent
requirements for natural gas transmission in Poland.
Undertaking producing energy and the owner of the transmission infrastructure has no interest in sharing it with competitive entities. So it was necessary to
unbundle the undertaking and separate the operations involving transmission, distribution and storage.
247
See: Programme for introduction of a competitive market in natural gas and implementation schedule.
248
Cross subsidisation means covering the costs concerning one type of business operation handled by an undertaking or one of the tariff groups of service recipients out of the revenues from another type of business or a different tariff group.
249
Unbundling can take on the following forms: accounting, organisational (separation of managing authorities), legal (separation of an independent company),
ownership (the operation is handled by a different entity, not related in terms of ownership).
250
A vertically integrated business is a business performing two or more of the following: production, transmission and distribution of natural gas (business
operation).
251
The vertically integrated network operators have no incentive to develop the network in the overall interest of the market with the consequence of facilitating
new entry at generation or supply levels. There is considerable evidence that investment decisions of vertically integrated companies are biased to the needs of
supply affiliates. Such companies seem particularly disinclined to increase, for example, gas import capacity in an open process which has, in some cases, led to
security of supply problems. () The Commission has examined the unbundling issue closely and concluded that only strong unbundling provisions would be able
to provide the right incentives for system operators to operate and develop the network in the interest of all users. Communication from the Commission to the
Council and the European Parliament. Prospects for the internal gas and electricity market [SEK (2006) 1709] [SEK(2007) 12].
252
It is worth stressing that the directive required legal separation of transmission as a minimum. As for unbundling, Poland has a considerable track record,
especially when compared to many EU-15 states (e.g. France or Germany). In a sense, Poland has become the leader in unbundling. Gas-System is independent of
PGNiG and it took over PGNiGs transmission infrastructure. When performing ownership unbundling, Poland went even further than was required and in that
area it, in a sense, became a leader in the introduction of a competitive market. States such as Germany or France still oppose ownership unbundling.
246
138
139
In the case of Gaz-System, the unbundling was not only legal (establishment of
separate companies), but also ownership-related. The next step was to separate distribution
companies from PGNiG that would sell gas directly to consumers. Distribution companies
within the PGNiG capital group took over the distribution. Also in this case Poland decided
to employ a more market-oriented solution. The binding directives, including the so-called
2nd liberalisation package only required the accounting unbundling of natural gas transmission, whereas the unbundling as effected by PGNiG was of legal nature, i.e. it consisted of
the establishment of separate capital companies belonging to the PGNiG capital group.
On 1 July 2007, in line with the 2nd liberalisation package, all gas consumers, both
industrial and individual recipients became eligible to apply the TPA253 principle. In line
with this principle, each recipient may use the current transmission and distribution network and make a free decision on choosing an energy seller. Hence, on the one hand the
entity offering the transmission service cannot obstruct the consumer in making a free
choice of energy supplier, and on the other hand the transmission network operator must
provide transmission services to all entities based on principles of equality and transparency, that is, it requires the infrastructure holder to make it available to any contract254.
Moreover, the ability to choose an energy seller by each recipient should be free of charge
and uncomplicated. In 2008 not all customers had the actual ability to change natural gas
supplier, however the eligibility to apply the TPA principle by all entities is yet another
step towards breaking the monopolist structure of the natural gas market.
Although in 2008 the dominant position in the natural gas sector, in particular
in the area of distribution, was held by PGNiG capital group, there were also a dozen
or so other gas sellers. Their operations consisted basically in the resale of natural gas
purchased from PGNiG to end users using their own local distribution networks. These
entities were local monopolies in their networks and combined the distribution and selling operations. Another step aimed at introduction of the TPA principle was marked by
appearance of distribution companies other than PGNiG group members in the market.
Their market share is still low, but in the future it may increase, resulting in establishment of several large distribution companies255.
Third Party Access.
Energy under any trade contract will be supplied to the location specified in the contract if the technical and economic requirements are met.
Between 2005 and mid-2007, the number of independent suppliers in the electricity market increased in 40% of the Member States where data was available. In
gas, the number increased only in a quarter of the Member States. However, in France, Italy, Poland and the Netherlands, the increase was 50% or more [10 to 15
suppliers in France; 0 to 75 in Poland; 8 to 20 in the Netherlands; 123 to 182 (2006) in Italy]. In 7 out of 21 Member States, no independent supplier is active in the
national gas market. In electricity this is reported only for Cyprus, but relevant data for electricity is not available for 15 Member States. Retail markets are not yet
well developed, mainly because of limited access to gas supplies for new entrants. Even in the most developed market the UK competitive forces are dominated
by gas producers. Communication from the Commission to the Council and the European Parliament. Prospects for the internal gas and electricity market, op.cit.
253
254
255
139
140
At the end of 2008 another legislative problem regarding the liberalisation directive was removed, namely the lack of free access of entities selling natural gas to storage
facilities. The need for free access to gas storage facilities, in particular underground gas
storage facilities, results not only from the need to use storage areas when supplying gas
to users but also from the legal obligation to maintain stocks of natural gas. PGNiG was
designated as the operator of the storage system in the gas sector, which means that it
must share available storage area in a transparent way and in line with market principles256. Sharing storage facilities by PGNiG with other entities was the next step towards
further development of competition. In consequence, the Polish gas market was opened
to new entrants which previously could not enter the Polish market as they did not have
proper storage areas at their disposal.
The natural gas price has not been liberalised and is still determined based on
the tariff approved by the Energy Regulatory Office for individual users. The uneven
distribution of regulations in the energy market led to favouring some undertakings at
the expense of others. This resulted in major disturbances in the operation of the market
mechanisms introduced. In such conditions it is difficult to speak of free competition,
though on the other hand individual users are less vulnerable to considerable price increases. It should be remembered that the situation of the sector in the years 20042008
was a consequence of the condition of the Polish natural gas market which resulted from
insufficient development of infrastructure.
Poland has fully implemented the hitherto regulations concerning gas market
liberalisation, in legislative terms. In particular, proper legal and ownership transformation was made, thereby allowing the establishment of a truly competitive natural
gas market. However, the rate of liberalisation itself will largely depend on four main
factors: extension of the transmission system in directions allowing to increase its flow
capacity, extension of storage capacity of the underground natural gas storage facilities,
implementation of natural gas supply diversification projects and, further on, supplementation of the Polish gas system by additional connections (interconnectors) with
transmission systems of neighbouring states.
Poland faces the task of providing the conditions and a stimulus to develop gas
infrastructure (gas storage facilities, interconnectors, more modern and extended transmission network etc.) which will help create a truly competitive market forming a part
As for gas storage, 100% of capacity of underground gas storage is held by PGNiG SA. In 2007 the company made available 50 M m3 to OGP Gaz-System SA, as
this undertaking was the transmission system operator. The remaining capacity was used only by PGNiG.
256
140
141
of the single EU energy market. It should be stressed that without proper infrastructure
allowing actual diversification of sources and directions of natural gas supplies, real liberalisation is not possible257. Of particular importance is the employment EU instruments,
e.g. cohesion policy, which has funds earmarked for energy infrastructure under the
Operational Programme Infrastructure and Environment or for the development of the
Trans-European Network Energy (TEN-E) which may be financed out of a separate EU
budget line.
As in the case of natural gas, Poland declared the adoption of acquis related to
the electric energy sector. Similar to the natural gas sector, Community legislation was
adopted to speed up the introduction of solutions aimed at the elimination of the actual
monopoly of distribution companies in the area of the sale of electricity to end users.
The basic difference during accession negotiations was the market structure, as in Poland
instead of one dominating company, there were natural local monopolies. Recipients
purchased electric energy from a local supplier they were connected to.
One of the major problems of the Polish electric energy market before the implementation of the directive was the domination of long-term contracts (LTC)258. These
contracts obstructed the free trade in energy and had a negative impact on the market by
reducing its scope. Moreover, access to the retail market was reduced by monopolistic
actions of large network operators, mainly due to the actual inaccessibility of the TPA
principle for individual customers. Also the weakness of the Polish electric energy sector
was noticed, which resulted in problems related to their ability to compete in the European market and their investment potential.
In 2004, before the implementation of the electricity directive, non-individual
users often gave up actions aimed at changing their seller due to the practices employed
by distribution companies designed to discourage users from changing sellers by means
of formal and technical requirements. Moreover, users were encouraged to maintain
the status of a tariff-based user by re-negotiating some terms of contracts, which posed
artificial barriers in the development of competition. For example, the employment of
the TPA principle related to very high costs due to upgrade of measurement, settlement
and IT systems resulted in the fact that profits from the new tariff were reduced by the
costs of the upgrade and adjustment of the recipient to the new tariff. Moreover, there
Imported gas comes mainly from Russia.
In 1994 an economic mechanism, namely long term contracts, was introduced to the Polish energy industry. These are long-term contracts for the supply
of electric energy which guarantee revenues for energy generators. This allowed financing investment projects assuring state energy security and meeting the
growing international ecological standards.
257
258
141
142
was no actual price competition in the production area and little interest of producers in
direct sales to recipients.
During the implementation of the electricity directive, the need to establish new
entities, stronger in terms of capital was observed, which brought about the consolidation of power companies in 2007. Consolidated companies included: PGE Polska Grupa
Energetyczna SA, Tauron Polska Energia SA, ENERGA SA and ENEA SA. Moreover,
ownership unbundling was performed in the areas of the distribution and sale of electricity or its generation in the existing companies259. This unbundling followed two guidelines. First of all, distribution was unbundled: new business entities were established
in order to take over operations related to the distribution of electricity (distribution
network operators, DNO) to which the distribution infrastructure of the existing companies was contributed. Secondly, unbundling covered trade: the existing distribution
companies retained all assets related to operations in the area of distribution, but assets
related to other licensed operations (trade and generation of electricity) were unbundled
(transferred to other entities). Also an independent transmission system operator for the
power sector was established. For the period between 1 January 2008 and 1 July 2014 in
Poland, PSE Operator SA was designated as the operator.
The next step towards electricity market liberalisation was the liberalisation of
energy prices for industry starting from 1 January 2008. As of that date, energy tariffs
were no longer approved by the President of the Energy Regulatory Authority, but determined by the energy market. This resulted in considerable increases in electricity
prices. They are justified, among other things, by the failure to remove prices for individual users from the control of the Energy Regulatory Authority, increases in prices of
energy carriers, demand for additional capital for investments and taking into account
the costs of climate policy. In 2008 the price of electricity for business entities, which
consume 75% of the electricity consumed, went up by approximately 2530%. This increase resulted in a boost in production costs, a drop in competitiveness in the market
which was especially noted in sectors where electricity is a significant cost item (e.g. the
metallurgical sector) though it was also a stimulus to search for ways allowing for more
effective use of the energy and implementation of more efficient technologies. At the
turn of 2009, the forecast of further increases in prices (by over 40%) for the industrial
sector resulted in widespread protests. There were also voices in favour of returning to
tariffs for the industrial sector.
259
142
The Energy Law required vertically integrated undertakings to perform legal unbundling of transmission and distribution system operators.
143
On 1 July 2007, the TPA principle was formally introduced. It meant that each
of the 15 million recipients, individual or other, was allowed to change their electricity
provider. Unfortunately, few recipients made use of that right. By the end of 2007, there
were only 604 recipients who had concluded a sales contract with a seller other than the
company unbundled from the vertically integrated undertaking operating in the area of
the DNO whose network they were connected to. In 2008 there were few such changes,
only 1018 out of 15 million eligible recipients (households and enterprises). Perhaps it
was because there was no wide-scale and clear information campaign aimed at informing
all users on their rights and how to use them which would provide them with the knowledge allowing them to protect themselves against dishonest contractors.
In legislative terms, Poland implemented the hitherto regulations concerning the
liberalisation of the electricity market and made transformations allowing the establishment of the ownership structure of the sector which made it possible to create a free
electricity market. Similarly as in the case of natural gas, there is a problem of the isolation of the Polish system from other power systems, without which the creation of the
single energy market in the EU will be impossible.
Energy security and infrastructure

The EU regulations concerning obligatory stocks of liquid fuels are the oldest
part of community energy law (expressed for the first time in the directive of 1968).
The current directive on stocks dates back to 1998. Member states must maintain stocks
of crude oil sufficient for 90 days of average consumption for the previous year. In line
with the directive260, a member state must create and maintain infrastructure necessary
to accumulate and maintain the stocks required by the law and to implement procedures
for controlling how this requirement is fulfilled.
In the negotiation position closed in 2001 concerning the area of energy, Poland
assumed the obligation to implement the directive on fuel reserves. Poland reported
considerable difficulties in the implementation of regulations pertaining to storage. So
a transition period was negotiated, to reach the level of 90 days worth of stocks by 31December 2008. The schedule for increasing stocks assumed that the said 90 days would be
Council directive 98/93/EC of 14 December 1998 amending Directive 68/414/EEC imposing an obligation on Member States of the EEC to maintain minimum
stocks of crude oil and/or petroleum products.
260
143
144
reached in 2008261. The schedule was as follows: 2002 50 days; 2003 58 days; 2004 65
days; 2005 72 days; 2006 80 days; 2007 87 days; 2008 90 days.
In order to fully implement the directive and meet the Polish obligation set out in
the accession treaty, the Law on liquid fuel stocks was adopted262. The law sets forth the
principles for creating intervention stocks of crude oil and petroleum products, which
include state stocks created by the Ministry of Economy and maintained by the Material
Reserves Agency (not less than 14 days average daily internal consumption) and obligatory stocks created and maintained by undertakings (not less than 76 days average daily
internal consumption).
The obligation to reach a fully satisfactory, 90-day level of fuel stocks was basically met in 2007. It cannot be stated that a fully satisfactory result was achieved due to
the status of the development of the Polish storage infrastructure263. Taking into account
the development of the fuel sector and motorisation in Poland, storage capacity is relatively low and should be urgently increased. In particular, the capacity of underground
storage facilities, where storage is the cheapest, is too low. Despite these imperfections
of the system, it should be noted that owing to these changes Poland not only has its
own crude oil and liquid fuels reserves, but also can obtain support in case of a serious
disruption of supply which considerably and realistically improves the energy security
of the country.
Unfortunately, no similar mechanism is in place in the case of natural gas. Taking
into account its energy security, Poland decided to create obligatory strategic reserves of
natural gas, similar to the fuel reserves, which was a pioneer solution in the EU264. Polish
regulations may be a model for a future, amended directive concerning natural gas security. The introduction of such a mechanism is one of the Polish proposals put forward in
the EU forum related to European security.
It is obvious that no aid procedure can be of use without a proper energy infrastructure. Poland acceded to the EU with relatively poor energy networks. The power
The Regulation by the Ministry of Economy of 14 June 2002 on the schedule for creating liquid fuel stocks.
Law of 16 February 2007 on the stocks of crude oil, petroleum products and natural gas and procedures in situations of threat to the fuel security of the state
and disruptions in the petroleum market.
263
Apart from the obligation to maintain a similar level of fuel stocks, Poland was also committed to apply for membership in the International Energy Agency
(IEA). IEA was established in 1974 to create an international system of cooperation and support in oil crises. Membership requirements are specified in the Agreement on an International Energy Program of 18 November 1974 and further decisions of the Executive Office, called the Co-ordinated Emergency Response
Measures Decisions.
264
The Law requires the producers and importers of natural gas to create reserves whose size should cover 30 days of import of natural gas carried out by a undertaking operating in the natural gas trade with other countries or an entity importing natural gas over twelve months starting from 1 April of the previous year to
31 March of the current year. Obligatory stocks are assets of undertakings required for their accumulation and maintenance, and the related costs are included
as justified costs which are the basis for determining the tariff. The obligatory stocks of natural gas are at disposal of the minister of economy and may be used by
gas transmission system operators or interconnected gas systems responsible for assuring the security of the gas system pursuant to the decision of the minister.
Reaching this stock level is planned for 2012.
261
262
144
145
network is obsolete, some of its parts are even 40 years old. Similarly, the gas network
is underdeveloped. In many regions of the country (parts of the Pomorze, Mazury and
dzkie regions) it is practically cut off from the Polish transmission system and the only
possibility for gas supply is to deliver it in containers. There is also an insufficient number of gas and power interconnectors with the transmission systems of other countries,
which obstructs mutual assistance in case of disruption to supplies. Moreover, interconnectors will be necessary to implement the single and competitive energy market.
The weakness of the energy market consisting in the lack of proper connections is
not only a Polish but a European problem. To facilitate the emergence of a single market,
the TEN-E network development programme was created265. Under TEN-E, the types of
projects that can apply for financing using financial instruments were determined. The list of
gas-related investments is very long and apart from transmission it also includes increasing
the capacity of underground gas storage facilities, extension of reception terminals and actions for increasing the consumption of liquefied natural gas. For example, the list includes
a project concerning an interconnector between Denmark and Poland that will facilitate the
transmission of natural gas from the North Sea to Poland. However, until now in Poland the
funds from TEN-E have not been effectively used. In future, growth in the amount of funds
under financial instruments may be expected, allowing for the allocation of higher funds for
infrastructure. In particular, it is necessary to acquire financing for projects necessary for the
security and functioning of the single market which are not purely investments.
At the moment, Poland is determining its priorities concerning network development, focusing mainly on assuring proper supplies of natural gas. In particular, connections are needed, which would permit diversification of supplies (LNG terminal, connection with Denmark). Planned power interconnectors are supposed to be an answer
for rising demand for electricity in Poland (the Poland-Lithuania energy bridge).
Problems related to climate policy

During the process of negotiations under further climate conferences or the ratification of the Kyoto protocol, the European Union decided that the problem of climate change
The aim of EU policy under TEN-E is to create competition and equal access of businesses to the Community market, speeding up the regional development
and increasing the economic and social cohesion of member states. The EU policy follows three main priorities of the common energy policy: competitiveness,
security of energy supplies and sustainable development. The European Investment Bank is the main source of financing for the trans-European networks. TEN-E
covers both the extension of local networks and their interconnections, as well as international connections.
265
145
146
was one of its top priorities. Including the Convention and Kyoto Protocol in the domestic
law determined the scope of changes introduced gradually to community policy and legal
solutions concerning air quality. Under the Kyoto Protocol the European Community declared an 8% reduction in greenhouse gases emissions. This commitment was divided among
individual EU-15 states. EU member states decided that the countries lagging furthest behind in terms of economic development were allowed to increase their emissions between
2008 and 2012 against the 1990 level. On the other hand, other member states declared
higher reductions. Poland, like other new member states which acceded to the European
Union on 1 May 2004, was to fulfil the obligations under the Kyoto Protocol by 2012.
For some years now the European Union has been stressing the fact that climate
protection policy has the highest priority in the EU strategy and programmes related to
environmental protection. The foundations of the European climate policy were determined in the directive on the greenhouse gas emission trading scheme (EU ETS). Thus,
a new economic mechanism was introduced into the EU legal system. Each member state
was committed to develop and submit to the European Commission, for each settlement
period, i.e. 20052007 and 20082012, a National Allocation Plan for greenhouse gas
emission allowances. This plan provided for the allocation of greenhouse gas emission
allowances to all entities under the EU ETS and set out the allowance reserve.
As of 1 January 2005, enterprises covered by the EU ETS were required to register
their emissions. At the end of each year the enterprises are required to submit reports
on emissions for a given year. The enterprises must also make sure they have sufficient
allowances to return each year in order to avoid financial sanctions. Member states are
required to allocate allowances before the end of February each year, in line with the
final decision of allocation and to keep a national register, accumulate verified data on
emissions and make sure that each enterprise returns the appropriate number of allowances. Each member state is required to submit an annual report to the European Commission. In the first stage of system operation, i.e. between 2005 and 2007, in the entire
EU approximately 12,000 entities were covered, which accounted for 46% of European
CO2 emissions. These enterprises were required not to exceed the allocated allowances
for emission of greenhouse gases. One allowance is equivalent to 1 tonne of CO2. Any
potential surplus resulting, say, from the upgrade of plant could be sold to entities whose
emissions exceeded the limit they were allocated. If the granted allowances turned out to
be insufficient for an entity, it was required to make an additional purchase of a number
that would be necessary for production.
146
147
The Polish National Allocation Plan I for the years 20052007 was approved
by the Commission provided that Poland reduces the allowance limit by 16.5%. In the
three-year settlement period of 20052007, Polish enterprises generally managed not
to exceed the allocated allowance limits. In 2005, the emissions in Poland totalled 203
mln tonnes of CO2, whereas the annual limit was 239 mln tonnes266. Owing to surpluses
which could be sold, the first period of the emission trading scheme was not very harsh
on the Polish economy. What is more, over the National Allocation Plan I period, due
to regulation of the energy selling price, electricity bills did not include the price of allowance for CO2 emissions.
This was different in the National Allocation Plan II for the years 20082012. The
draft of the Polish National Allocation Plan II was very much criticised by the European
Commission. The Polish response267 did not satisfy the Commission268, which in March
2007 decided that the number of allowances requested by Poland should be reduced to
208.5 mln tonnes. Poland took the Commissions decision to the European Court of Justice.
Nevertheless, until the court proceedings were completed, Poland had to comply with the
Commissions decision. To that end, on 1 July 2008 the Council of Ministers adopted the
National Allocation Plan II in line with the European Commissions decision269.
In the years 20082012, due to the negative decision of the European Commission,
a significant deficit of emission allowances will be noted, which will translate into prices
and the competitiveness of the Polish economy. A shortage of allowances may particularly affect the power sector. In comparison to the previous draft of the National Allocation
Plan II (not approved by the Commission), professional power plants will be granted not
105,760,000 tonnes of CO2 but 129,941,966, which is 19% lower, professional combined
heat and power plants will be allocated not 26,509,318 tonnes of CO2, but 38,260,314,
which is down by 31%. The purchase price for necessary allowances will affect the prices
of electricity, which in Poland is generated mainly from coal (brown and hard).
This may result in the obstruction of the economic development of Poland and as
a consequence the failure to take the opportunity to eliminate the development gap granted by integration into the European Union. It is also possible that the competitiveness of
Polish products against EU and non-EU products will drop significantly, which in consequIn 2006, in some sectors, a considerable increase in emissions was noted (e.g. 26.5% in the cement sector), but the energy producers who generate most CO2
emitted only 1.8 % of carbon dioxide more than in the previous year.
267
In line with the new proposal, Poland requested an emission allowance for the period of 20082012 amounting to 259,692,421 tonnes of CO2. The number of
allowances requested by Poland in the new National Allocation Plan II took into consideration the situation of the Polish economy.
268
The European Commission stated that only by imposing a requirement to reduce emission could enterprises be encouraged to switch to modern technologies.
269
Despite that fact the National Allocation Plan II has not gained final approval of the European Commission yet. Without this approval, the National Allocation
Plan II cannot function properly.
266
147
148
ence may translate into additional growth in the unemployment rate and a drop in budget
revenues as well as the lower attractiveness of Poland for foreign investors. Growing costs
of electricity generation will translate into higher electricity bills for individual users.
In March 2007 the European Council unanimously set the targets of reduction of greenhouse gas emissions by 2020, i.e. 20%, increase in the share of renewable energy sources to
20% and a 20% increase in energy efficiency. The solutions were left for the member states
to decide. The Council conclusions contained a provision on strengthening the emission trade mechanisms, which are to contribute to further reduction of CO2 emissions. On that basis,
at the beginning of 2008 the Commission presented the Climate and Energy Package.
The original package architecture, namely the solutions concerning EU ETS were
unfavourable for the Polish economy. In the new draft directive on the EU ETS, the National Allocation Plans were replaced with sectoral plans on the EU level. Moreover, the
directive introduced a requirement for 100% of professional power plants to purchase allowances for CO2 emissions by auction, and gradually for the remaining sectors, from 20%
in 2013 to 100% in 2020. The situation of Poland in Europe was specific, as approximately
96% of electricity is generated from hard coal which is related to high emission levels per
MWh270. In particular, there was a threat in Poland that the prices of CO2 would be shifted
onto consumers resulting in a dramatic increase in electricity prices both for the industry
and households. This would deteriorate the financial condition of the society, bring about
the loss of jobs and a considerable drop in economic growth rate and budget revenues.
The main proposal in difficult negotiations concerning the package was the EU ETS
adjustment by introduction of a long-term derogation consisting in application of the indicator and auction method (with indicators varied depending on the type of fuel). Poland
also supported additional balancing of the package by creating a specific solidarity fund
for less well-off member states which would be burdened with incommensurate package
implementation costs and which had reduced CO2 emissions considerably since 1990.
The negotiations resulted in Polands success, i.e. introducing provisions in the ETS
directive which assured an ambitious reduction of CO2 in a manner that would be more
beneficial for the economy, in particular for the Polish power sector. From 2013 on, free
allowances will be able to cover 70% of the power sectors emissions. This percentage will
be gradually reduced, until 2020. Owing to the possibility to introduce free allowances in
the power sector, it will be possible to considerably reduce the increase in electricity prices
both for industry and households. Moreover, a solidarity fund was established, which will
270
148
About 960 kg of CO2, with European average of approx. 400 kg per MWh (e.g. France 100 kg / MWh).
149
be funded by appropriate redistribution of emission allowances among the member states.

10% of total emissions in Europe will be divided based on levels of prosperity (based on
the GDP) which will assure that the emission allowances from well-off states will be transferred to less developed states. Over 2% of all emission allowances will be divided based
on performance in reduction of emissions under the Kyoto Protocol. As for energy-consuming industries, it was decided that emission allowances will be divided free of charge
and on a wide scale. This should reduce the risk of transferring the production outside the
European Union and hence, protect jobs in these industries in the European Union.
Despite successful negotiations, it is difficult to sum up the costs of the current
climate policy. The costs of its implementation are made up of investment and administrative expenses. Investment expenses are related to adjusting plants to the requirements
set out in the ETS directive and the Kyoto Protocol in order to reduce the greenhouse
gas emissions incurred by enterprises and transferred to consumers. There are also the
administrative expenses on establishment of the system. The period between 20052007,
for which the National Allocation Plan was developed, turned out to be quite positive
for the Polish economy. The situation is expected to change in the period of 20082012,
when the number of allowances is insufficient and their high price will be reflected in
prices on the Polish market. Climate policy is very costly, especially for countries such as
Poland, whose power sector is based largely on coal.
Conclusions
The chapter concerning the energy sector presents a general and summary view
of the major actions and transformations in the selected subsectors, in particular the
electricity and gas, as well as the issues related to energy security, renewable energy sources, biofuels and climate policy. In a short, five-year period many major changes were
made to the Polish model and operation of the energy sector.
Markets fundamental for the economy and consumers, i.e. the natural gas and
electricity markets, underwent significant transformation. Some effects can already be
noticed, others are expected soon. A good framework for investments, i.e. a stable regulatory system and a fair incentive for investments, has not been created in Poland.
In particular, the tariff system was retained for the natural gas and electricity prices for
individual users, which is not beneficial for competition or investments. The infrastruc-
149
150
ture-related problems which are the major barrier to the development of the Polish
energy sector have not been solved. In particular, there was not enough time for efficient
diversification of energy carriers and extension of liquid and gas fuel storage facilities.
The adoption of the electricity and gas directive provided only a legal framework
for operation of the Community energy market. Implementation of the directives does
not mean automatically that a liberalised market will emerge, it is a sine qua non condition for a liberalised and competitive market. It should be noted that these transformations in the Polish energy sector are a part of a certain process which has not been completed yet, and the effects of which may be expected in future. It should be remembered that actual liberalisation is not possible without thorough diversification. Similarly,
a truly single market is not possible without the elimination of the domination of large,
vertically integrated energy companies in Europe. Despite all the efforts so far, related to
transformations in the natural gas and electricity sectors, Poland is at the beginning of
a long road. The prospect of putting the Polish natural gas sector on a market basis will
not happen in five or ten years, but rather a dozen years or more.
The energy security of Poland has not been considerably strengthened as natural
gas is still imported from practically a single source. The only evident success is the considerable progress in increased security in the fuel sector, not by changing the import structure but rather by creating reserves as a safety margin in case of a disruption in supply.
The energy security of Poland in the fuel sector has indeed increased. First, Poland has fulfilled the obligations under the accession treaty and created stocks which
provide a safety margin in case supply is disrupted. Second, Poland gained access to an
effective aid scheme under the EU which allows it to combat the negative results of disruption in supply of crude oil using the reserves of other member states.
The alignment-geared transformation in the energy sector was related to the
need to incur financial expenses on the upgrade or construction of new plants, as one
of the major problems in Poland is the infrastructure. Hence, new and higher financial
expenses are needed to ensure that Polands infrastructure can provide cheap, sustainable, safe and clean energy. In this context, it is extremely important to use the funds
available under EU schemes.
Changes are under way in the natural gas and power sectors, energy security,
climate and renewable energy sources. In the case of liberalisation, there have been no
positive results of the process, i.e. a competitive and single, consumer-oriented European
market, or negative results, e.g. higher increase in energy prices for individual users.
150
151
Environment
The accession of Poland to the European Union (EU) has been a significant motivating factor on national policies for the management of natural resources in terms of
adapting those policies to EU environmental protection standards.
The process of adaptation in this area began long before accession. During the
political transition period, Poland was already a long way down the road to applying EU
environmental protection requirements, limiting in this way the extent to which economic growth was dependent on pressure on the environment. It should be remembered that the adaptation process concerning the environment was a long-lasting one and
demanded not only the relevant legal and institutional preparation, but also significant
financial investment. In this context it was important to establish transition periods during the negotiations on accession with reference to the most costly elements of community law to the Polish economy.
The influence of Polish membership of the EU in terms of the environment will
be able to be assessed in its entirety only after the conclusion of the last of these periods,
and so after 2017.
Nevertheless, the sheer weight of the effort undertaken by Poland in terms of
adapting to UE standards of environmental protection needs to be emphasized. As a result of the actions already taken, positive trends have been observed in terms of improvements in the condition of the environment in Poland. This is due not only to the
harmonisation of Polish law with the acquis communautaire, but above all an effect of
the significant investment in the infrastructure protecting the environment. The vast
majority of adaptational investment received financial assistance from the EU. The almost total usage of the pool of resources from the European Regional Development Fund
(ERDF), designated for environmental protection in the years 20042006 must be considered a success.
151
152
general review of the consequences of Polish membership

A
of the EU in the area of environmental protection
Comprehensive legal acts governed matters of environmental protection long
before activities adapting to meet the requirements of the EU were undertaken. The
transformation of the political system and the associated reduction in the market share
of traditional sectors, including heavy industry as well as the prospect of EU membership
initiated a broad ranges of changes in environmental policy. The terms negotiated by the
Polish government to an extent forced actions to be taken limiting the negative impact
on the environment even in the pre-accession period. The start of the process of adapting
to the demands of the community constituted a further, significant step on the road to
improving the state of the environment in Poland.
A prime example of this was the activity aimed at cleaning the air in the highly
industrialised, and at the same time most adversely ecologically affected zone of the
so-called Black Triangle271. Thanks to the combined efforts of the governments of the
relevant states and financial support from the pre-accession assistance fund PHARE272
a significant reduction in levels of the main polluting substances into the atmosphere was
achieved. In the years 19891997 emissions of sulphur dioxide (SO2) as well as nitrogen
oxides (NOx) in the Polish regions of the Black Triangle were reduced by about 70%, and
dust particles by almost 90%, which enabled legally allowable levels of concentrations of
these substances to be achieved as early as in 2000273.
Environmental protection is one of the key areas subjected to the regulatory activities of the European Community (EC). There are currently over 600 legal acts in force in this
area. The initiation of wide scale processes of harmonisation with the acquis communautaire
resulted in the transposition to the Polish legal framework of the most important directives
in the area of environmental protection as early as in 20002001274. In relation to the 13 community legal acts which were the most costly to implement, the Polish government negotiated as many as 20 partial transitional periods, guaranteed by the accession treaty. They made
A region formed by northern Bohemia in the Czech Republic, southern Saxony in Germany and the defunct Jeleniogrskie and Wabrzyskie regions in Poland,
covered by a programme of actions worked out by a working group created under an agreement between the environmental ministers of Czechoslovakia, Germany
and Poland in June 1991. In March 2000, a decision by the Black Triangle working group lifted individual requirements in relation to the region.
272
PHARE: Poland and Hungary: Assistance for Restructuring their Economies a programme set up in 1989 aiming at providing material assistance to EU candidate
countries.
273
Elektrownia Turw SA, Czarny trjkt staje si zielony [The Black Triangle goes green], Rzeczpospolita 2000, No 86 (5556), advertising supplement
Energia XXII Ciepo, Elektroenergetyka, Gaz, p. 15.
274
As part of the Act of 9 November 2000 on access to information on environment and its protection and on environmental impact assessment, Act of 27 April
2001 Environmental protection law, Act of 27 April 2001 on waste and the Act of 18 July 2001 Water law.
271
152
153
it possible to stagger the adaptations which were most difficult or expensive to implement.
As far as the number of transitional periods negotiated, the area of the environment differed
not only from the other areas being negotiated by the Polish government, but also with that
of the other countries aspiring to membership of the EU. It should be emphasized that the
other candidate countries negotiated four transitional periods at most. Agreement of the
Polish postulates was a reflection of the scale of the problems and amount of investment necessitated. The investment sums incurred in the 1520 years following accession in terms of
the environment and energy policy have been estimated at the time at 120140 bn PLN275.
The acquisition of four transitional periods for the gradual achievement of the
levels required by the EU for sewage treatment was particularly important (and the associated necessity of building and modernising waste water treatment plants) as well as
three transitional periods for adapting the energy sector to EU limits on atmospheric pollution. Also negotiated was the possibility of gradually acquiring the so-called integrated
permit, covering emission of pollutants into atmosphere and discharge of waste water as
well as waste generation, constituting a kind of ecological licence to conduct activity
for large industrial firms, livestock farms, or landfill sites. Poland also gained transitional
periods for adapting to EU requirements in terms of waste management, enabling the
gradual achievement of the required targets for recovery and recycling of packaging waste, the modernisation of landfill sites or the introduction of organisational solutions in
terms of the monitoring and control of transboundary schipment of waste.
Without the option of gradually adapting to the requirements of the EU, the Polish
economy would have been exposed to significant costs imposed on the industrial sector. It
would also have been impossible to adapt the existing environmental protection infrastructure in order to achieve the existing EU standards in this area by the date of accession.
Just how crucial it was for the Polish economy to get these transitional periods is
clearly demonstrated by the length of time over which they were granted. These periods
are still operational in relation to the most costly areas to adapt276. In the energy sector
the process of adapting to the requirements of the EU in terms of limiting the emission of
pollutants into atmosphere only ends in 2017. Full adaptation of waste water treatment
plants to the higher requirements regarding the degree of waste water treatment is to
end in 2015, and for ladfill sites to meet EU technical requirements in 2012.
J. Truszczyski, Wyniki negocjacji akcesyjnych w obszarach energii i ochrony rodowiska [Accession negotiation results in the areas of energy and environmental
protection], Rzeczpospolita 2003, No 60 (6440), advertising supplement Ochrona rodowiska XVI, p. 1.
276
On adapting to the requirements of the Directive of the European Parliament and of the Council 2001/80/EC of 23 October 2001 on the limitation of emissions
of certain pollutants into the air from large combustion plants, Council directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment and Council
directive 1999/31/EC of 26 April 1999 on the landfill of waste.
275
153
154
In this regard it is still essential to take new, and continue the already started
long-term adaptational investments. The full benefits associated with the improvement
in environmental quality and the influence, if any, of the adaptations in this area on the
competitiveness of the Polish economy will be revealed only over a lengthy period.
The majority of the EU requirements concerning protection of the environment
from pollution are already operative. Here also, it was necessary for Polish industry to
make the required financial investment and enormous effort of adapting.
In this area the adaptation of key industrial sectors the requirements of the IPPC
directive should be considered a significant achievement277. The regulations resulting
from the IPPC directive forced the adoption of the Best Available Technique (BAT) as
well as a reduction in the energy and material consumption of technological processes
which was an essential condition of receiving the integrated permit mentioned earlier.
By the end of 2008 integrated permits had been issued to 94.7% of the 3020 installations
requiring one278. While it is true that these installations constituted only about 15% of
all businesses whose activities have impact on the environment279, but on account of
their size, they were responsible for the majority of the pollution introduced into the
environment across the country.
The example of the IPPC directive shows how, for some businesses, entry into
the EU could make it necessary for them to end their activities, due to their failure to
meet the new environmental protection standards. From 1 Jan 2004 to 31 Dec 2007 the
Inspection for Environmental Protection started the procedure to close down 836 installations that didnt have the required integrated permit (comprising 28.1% of all installations subject to this requirement). As a result, in this period 221 orders closing down
installations not having the necessary permit were issued280. This gave a clear signal to
factories, that not adapting to community requirements meant incurring severe losses
associated with halted production. A high-profile case in this regard was the halting of
production at the Ekoutil281 animal waste disposal plant.
Directive of the European Parliament and of the Council 96/61/EC of 24 September 1996 concerning integrated pollution prevention and control (consolidated
version: directive 2008/1/EC of 15 January 2008).
278
Data source: Chief Inspectorate for Environmental Protection, Department of Inspections and Decisions; Ministry of the Environment, Department of Environmental Instruments.
279
Rough calculations based on data from: Ministry of Environment, Program wdraania dla Dyrektywy Rady 1996/61/WE w sprawie zintegrowanego zapobiegania
iograniczania zanieczyszcze [Program implementing Council Directive 1996/61/EC concerning integrated pollution prevention and control], Warszawa 2001.
280
Chief Inspector for Environmental Protection, Informacja w sprawie ustalenia przez Inspekcj Ochrony rodowiska stanu uregulowania formalnoprawnego wzakresie posiadania pozwole zintegrowanych przez prowadzcych instalacje podlegajce temu obowizkowi (wg stanu na dzie 31 grudnia 2007 r.) [Information regarding the establishment by the Inspection for Environmental Protection of the state of the legal regulations regarding possesion of integrated permits by operators
of installations requiring them (as of 31 December 2007)], Warszawa 2008, p. 7.
281
For more on this subject: B. Gomzar, Ksi na kociach [Prince of bones], NIE 2006, No 25, p. 45; http://www.kropla-sepzn.vel.pl/index.php?name=News&file=article&sid=150.
277
154
155
However, it should be remembered that the environmental aspect of Polands

EU membership has been associated not only with financial costs. A measurable effect
of the adaptational activities is the improvement in the environment, and also improvements in peoples quality of life through modernisation of environmental protection
infrastructure across the country. The modernisation of Polish businesses has also been
important, on condition they meet high ecological standards, enabling them to become
more competitive in the EUs internal market.
The improvement in the competitive position of Polish companies in the market
has also been supported by the mechanisms offered by the EU in the area of environmental management (EMAS282) and the ecological labelling of products283 (Ecolabelling).
The use of these instruments brought mutual benefits for the environment and for
business, resting particularly on reducing the amount of emissions, and at the same time
the amount of the charges for exploiting the environment, reducing the amount of raw
materials used and improving the companys public image.
Its also worth paying attention to the fact that as a result of Polands accession
to the EU the level of environmental protection was also raised by the inclusion of
environmentally sensitive areas of the country in the European Ecological Natura 2000
Network284. Thus far, 141 special protection areas for the conservation of birds have been
designated as well as 364 special areas of conservation of natural habitats have been proposed which in total cover 18.95% of the area of the entire country285.
It should at the same time be emphasized that Poland, with its unique natural resources, constitutes a valuable acquirement for the EU-15, enriching Europes natural heritage. At the moment of Polands accession many protected areas, such as national parks
or nature reserves, were designated. The changes in the environment brought about as
a result of economic development had progressed more slowly in our country than in Western Europe. As a result, unique species and varieties of natural habitats were preserved
in the territory of Poland286. Prime examples of this are: the Biaowiea Forest, preserved
The Eco-Management and Audit Scheme EMAS, established by regulation (EC) no 761/2001 of the European Parliament and of the Council of 19 March 2001
allowing voluntary participation by organisations in a Community eco-management and audit scheme (EMAS); as at the end of 2008, 15 organisations, including
12 businesses in Poland were registered in EMAS.
283
The Community ecological labelling Ecolabel, which can be applied for under regulation (EC) no 1980/2000 of the European Parliament and of the Council of 17
July 2000 on a revised Community eco-label award scheme as well as the Commissions decisions of on the establishment of ecological criteria for the Community
eco-label award scheme for individual product groups; as at the end of 2008, 11 Ecolabel certificates have been issued (10 for cleaning agents).
284
The basis for the creation of the Natura 2000 Network is the Council directive 79/409/EEC of 2April 1979 on the conservation of wild birds as well as Council
directive 92/43/EEC of 21 May 1992 on the conservation of natural habitats and of wild fauna and flora; the Natura 2000 Network is created by two types of area:
special protection areas (SPAs) and special areas of conservation (SACs).
285
Data source: General Directorate of Environmental Protection, Natura 2000 Areas Department.
286
M. Trzeciak, Projektowane regulacje prawne zagroeniem dla ochrony przyrody [Proposed regulation is a legal danger to nature protection], Przyroda Polska
2005, no 2; http://przyroda.polska.pl/wartosci/czego_nam_zazdroszcza/index.htm.
282
155
156
in its almost primeval state and the Rospuda valley, known mainly due to the controversy
surrounding the construction of the Augustw bypass. Compared to other member states,
Poland also stands out by its significantly varied and rich fauna, including numerous species threatened with extinction and rarely encountered on the European continent287.
Maintaining water, air and nature cleanliness also has a not insignificant social
meaning. For the majority of society (84%) the state of the environment is, aside from
the economic and social aspects, an important factor influencing quality of life288.
A detailed description of the consequences, for the environment as well as for
business, of the adaptational activities taken in particular areas of environmental protection associated with Polands accession to the EU is contained in the following parts of
this chapter.
Atmosphere protection
The reduction of emissions of the most polluting substances such as sulphur
dioxide (SO2), nitrogen oxides (NOx), dust particles, carbon monoxide (CO) and carbon
dioxide (CO2), which additionally contribute to the greenhouse effect, are of crucial importance in improving the quality of the air in Poland. Adapting to meet the community
requirements in the area of atmospheric protection is, however, associated with significant investment in modernisation or building new installations.
In this regard, the most important and at the same time most expensive community legal act to implement is the LCP directive289, introducing limits on the emissions
of individual polluting substances produced by the burning of fuel for the production
of electricity. In relation to the values for allowable emissions established in the LCP
directive for sulphur dioxide, nitrogen oxides and dust particles, the transitional periods
for power stations, combined heat and power plants (CHP) and heating plants listed in
the accession treaty still apply. The sequence of ends of transitional periods for achieving
the required levels of sulphur dioxide and dust particles only began at the beginning of
2008 (and will last respectively till the ends of 2015 and 2017), and in relation to the
emission of nitrogen oxides it will begin on 1 Jan 2016 and last to the end of 2017. SiCentral Statistical Office, Notatka informacyjna Wyniki bada GUS Ochrona rodowiska 2008 [memorandum on CSO Research Results, Environmental Protection], press release for the press conference on 23 December 2008, p. 13.
288
Eurobarometer, Attitudes of European citizens towards the environment, Results for Poland, 2008, p. 3.
289
Directive of the European Parliament and of the Council 2001/80/EC of 23 October 2001 on the limitation of emissions of certain pollutants into the air from
large combustion plants.
287
156
157
multaneously, Poland became obliged to reach the intermediate targets for the emission
of polluting substances across the entire sector of large sources of combustion in 2008
and 2012 respectively.
Implementing the LCP directive demanded making significant investments in
the energy sector. The entire cost of implementation, estimated in the financial-implementation plan at 47 bn PLN, to be incurred in the years 20032020290, is considered one
of the most expensive environmental directives. As an example, the cost of the investment required for the removal of sulphur from gases produced in the combustion of fuels
for electricity in selected CHPs in Poland has been estimated of the order of 120 to 330
mln PLN for each plant291.
Nevertheless, it has to be admitted that the Polish energy sector has successfully
tackled the challenges set by the EU in the area of protecting the atmosphere against
pollution. A range of investments have been carried out aimed at adapting to the requirement of keeping EU emission standards, although in recent years a falling trend has
been observed in terms of the numbers of installations for the reduction of gas and dust
pollution being put into use.
An example of good practice in this area is the investment carried out in Poland by the Vattenfall energy company. Since 2001 there has been an ongoing effort
at modernising and building new installations for the combustion of fuels in electricity
production as well as installations for the reduction of gas and dust emissions, enabling
a significant ecological effect to be achieved, based on the reduction of sulphur dioxide,
nitrogen oxides and dust emissions in the CHPs belonging to the company. A prime
example is the wet combustion gas desulphuring installation, currently under construction in the Warsaw CHP Siekierki. The aim of the undertaking is a significant reduction
in emissions of SO2 and dust, making it possible to meet more stringent future emission
standards required by the EU292. Thanks to this, the residents of Siekierki in Warsaw will
be able to enjoy cleaner air.
The actions taken have resulted in a significant reduction in emissions of SO2,
whose main source (60%) is power plants. Figures from the Central Statistical Office
(GUS) indicated a 21% drop in emissions in pollution in comparison with 2000, of which
Data source: Ministry of Environment, Department of Climate Change and Protection of Atmosphere.
S. Krystek, Dziaania w zakresie budowy, wymiany i modernizacji urzdze elektrowni dla pokrycia zapotrzebowania na energi elektryczn i ciepo oraz realizacja
wytycznych UE w zakresie ochrony rodowiska, [Actions taken to build, replace and modernise power station equipment to meet heating and energy needs as well
as EU environmental protection guidelines], conference materials Polish Chamber of Power Industry and Environment Protection, 28.11.2005,http://www.igeos.
pl/doc/2005/11/miedzynarodowa/prezentacje/11_S.Krystek_pol.pdf.
292
Data source: Vattenfall Heat Poland SA.
290
291
157
158
19% took place after the accession (20042006). In 2007 the number of areas in which
allowable limits for SO2 were exceeded fell dramatically (from 14 to 1)293.
A drop in emissions of other pollutants into the atmosphere has also been noted,
which was ofcourse connected with significant financial investment in areas other than
the power sector. For example, in the cement production sector in the years 19902008
6 bn PLN has been spent on adaptational investment, as a result of which a 40-fold drop
in emissions of dust particles into the atmosphere has been achieved294.
The situation looks somewhat different when it comes to the emission of greenhouse gases, particularly carbon dioxide (CO2) and the chlorofluorocarbons (CFCs) used
in cooling and air conditioning systems. The total emission of these gases has for a long
time had a downward tendency, yet since 2002 it has slowly been increasing. The increase in emissions has resulted above all from increased energy needs, associated with
the economic development of the country. However, this tendency is no different to the
average growth of emissions of CO2 noted in the EU-27295.
A similarly unfavourable tendency has been noted also in relation to the emission
of the suspended dust particle (PM10) which can be hazardous to health. In 2007, the
allowable levels for this dust particle were exceeded in as many as 60 of the 170 areas
of the country designated for the assessment and management of air quality296. The dust
particles are emitted not only by industry, but also by vehicles and municipal heating
systems, hence reversing the unfavourable tendency in this regard will require a wide
range of investments, especially in extending the road network so as to reduce the amount of traffic jams.
Apart from continuing the current actions aimed at meeting community requirements in terms of atmospheric protection, Poland has faced new challenges in this
area. The prime example here is the CAFE directive297. In order to fully implement its
regulations it will be necessary to undertake a broad range of actions in terms of monitoring, informing, reporting and managing air quality, for which the costs of preparing and
setting up the appropriate infrastructure alone has been estimated at 24.4 mln PLN298.
Atmospheric protection is an area in which Polands membership of the EU has
been the most visible. The vast majority of the investment aimed at reducing the emisData source: Ministry of the Environment, Department of Climate Change and Protection of Atmosphere.
Ibid.
Central Statistical Office, Notatka informacyjna Wyniki bada GUS Ochrona rodowiska 2008 [memorandum on CSO Research Results, Environmental Protection], press release for the press conference on 23 December 2008, p. 10.
296
Data source: Ministry of the Environment, Department of Climate Change and Protection of Atmosphere.
297
Directive 2008/50/EC of the European Parliament and of the Council of 21 May 2008 on ambient air quality and cleaner air for Europe.
298
Data source: Ministry of the Environment, Department of Climate Change and Protection of Atmosphere.
293
294
295
158
159
sions levels of Polish industry has been carried out precisely because of the demands of
the community. A positive result of these activities is the gradual improvement in air
purity, achieved against a background of ongoing economic development.
Water and sewage management

A priority, demanded of EU member countries, and at the same time the most
expensive task for the protection of water from pollution caused by public sewers, is ensuring the full biological cleaning of sewage and improved levels of removal of nutrients
(compounds of nitrogen and phosphorus) in accordance with the requirements of the
urban waste water directive299. The requirements covering urban sewage systems and
sewage treatment will not fully apply in Poland before 31 December 2015. However,
the intermediate targets defined in the accession treaty impose gradual adaptation to the
specific demands. Poland is bound to reduce biodegradable pollution in successive stages
by the ends of years: 2005, 2010, 2013 and 2015 and, as a result, to achieve a minimum
75% reduction in the figures.
Attaining community targets in terms of urban waste water treatment by 2015 has
required equipping the country with a modern water and sewage infrastructure. Activities
in this area were defined in the National Programme for Municipal Waste Water Treatment (NPMWWT) 2003. This programme envisages the construction, expansion and modernisation of 1734 waste water treatment plants in almost 1577 agglomerations and also
the building of about 37,000 km of sewage network. The cost of implementing NPMWWT
by 2015 has been estimated at 42.6 bn PLN, including 32.1 bn PLN on building, expanding
and modernising urban sewer systems, and on building, expanding and modernising waste
water treatment plants about 10.5 bn PLN. An example of investment conducted under
the auspices of NPMWWT is the Complex protection of groundwater in the Kielce agglomeration project, envisaging in particular the expansion and modernisation of the water
and sewage networks in an area covering four municipalities300.
A result of the increased efforts undertaken with the aim of meeting the community requirements concerning urban waste treatment has been a significant improvement
in efficiency in this area. A clear increase has been noted in the amount of waste treated
299
300
Council directive 91/271/EEC of 21 May 1991 concerning urban waste-water treatment.

More on this project at: http://www.wod-kiel.com.pl/dzien_wody_2008.html.
159
160
in sewage works with highly effective cleansing facilities, enabling a greater reduction
of nutrients. According to statistics from GUS, in the years 20042007 the quantity of
waste treated by such methods grew by 17%301, and in comparison with the year 2000
by as much as 80%. In the post-accession period, the number of urban waste water
treatment plants with improved removal of nutrients has increased by almost 10% (from
689 to 765). In these plants, as much as 70% of the sewage supplied by sewage systems
in towns and villages across the country is treated, which gives a result close to the EU27 average302. A measurable effect of the activities aimed at improving water and waste
water management in Poland, as indicated by the statistics, is also the 21%303 growth in
the extent of the sewage network in the years 20042007.
In the years 20042007 no significant changes have essentially been noted when
it comes to the quantity and proportion of treated and untreated industrial and urban waste water. Positive trends in this area are visible in the longer perspective, over the years
20002007, where a significant reduction in quantity has occurred: industrial and urban
waste water requiring treatment by 14%, and untreated waste water by 50%304.
The efficiency of the removal of nutrients in the waste water treatment process
has an indirect effect on the state of cleanliness of the waters in the Baltic Sea. In the years
20002007 a drop in the quantity of nutrients deposited in the Baltic has been noted, respectively by 13% for nitrogen and by 25% for phosphorus305. Despite this positive trend,
and also the gradual drop in the concentration of these substances in the waters of the
Odra and Vistula in the long-term306, the state of water purity in this body of water still
cannot be considered satisfactory. The ongoing high level of destruction of the marine
environment negatively influences both fish stocks in the Baltic, and in this way indirectly the condition of the fisheries industry and the tourist attributes of the Polish coast.
It is therefore necessary to mobilise efforts aimed at improving the quality of the
waste water discharged into water and into the soil. A positive signal in this area is the
Source: own calculations based on: Central Statistical Office, Ochrona rodowiska 2005[Environmental protection 2005], Warszawa 2005, p.189; Central Statistical Office, Ochrona rodowiska 2008 [Environmental protection 2008], Warszawa 2008, p. 202.
302
303
Source: own calculations based on: Central Statistical Office, op. cit., p. 194; Central Statistical Office, op. cit., p. 181.
304
305
Ibid, p. 8.
306
J. Igras, Ocena wielkoci zrzutw skadnikw biogennych z obszarw rolniczych Polski do Batyku [Assessment of the amount of discharge of biogenic components
from Polands agricultural areas into the Baltic, [in:] Ocena stanu zanieczyszczenia pytkich wd gruntowych, naraonych bezporednio na zrzuty skadnikw biogennych, w tym szczeglnie z rolnictwa oraz moliwoci potencjalnego wpywu zanieczyszcze pochodzcych z produkcji rolnej na rodowisko, opracowanie wykonane na
zlecenie ministra rolnictwa i rozwoju wsi [Assessment of the level of pollution in shallow ground waters, exposed directly to discharge of biogenic components,
especially from agriculture, as well as the possibile influence of agricultural production on the environment, research commissioned by the Ministry of Agriculture
and Rural Development], ed. J. Igras, Puawy 2008, p. 112.
301
160
161
activity of the Finnish John Nurminen Foundation. In Poland, it has begun conducting
a large project connected with the removal of nutrients by improving urban waste water
treatment processes which will take in from 130 to 150 towns307.
The quality of the surface waters in Poland has improved. The results of monitoring research show that in the years 20042007 the percentage of extremely polluted
water has dropped by 4%. Despite this positive trend, the current state of river purity is
still unsatisfactory, especially as far as the bacteriological aspect is concerned (the results
of the monitoring from 2007 showed a major share of waters with low (III and IV) quality ratings)308. But even that constitutes a large improvement in comparison to previous
years; e.g. in 2001 as much as 52.4% of river sections were assessed as being unclassified
(below the purity level required for being classified) with regard to sanitary criteria309.
Despite the positive results achieved following accession in terms of improving
water quality, both inland and at sea, it is still essential to maintain the efforts aimed at meeting the high standards for the quality of waste water discharged into the environment.
Waste management
Following Polands accession to the EU, the systems of waste management have
also improved. In order to meet community requirements in the years 20012007, separate systems for collecting, recovery or recycling materials containing hazardous substances, such as: car batteries, end-of life vehicles, waste electrical and electronic equipment, and also the system for managing packaging waste were established. This has made
it possible to better use these types of waste, which is particularly relevant in terms of
their increase as a result of the economic development of the country. In terms of neutralising hazardous waste, a clear upward trend has been observed. For example, in 2006
57% more of this type of waste has been passed on for disposal than in 2003310.
Additionally in the post-accession period, not only has the required target for
recycling of packaging waste been achieved, but it has even been exceeded; the general
More on the activity of the John Nurminen Fundation at: http://www.johnnurmisensaatio.fi/?lang=en.
309
Strategia wykorzystania Funduszu Spjnoci na lata 20042006 [Framework Reference Document for Cohesion Fund for 20042006] [attachment to a Ministry
of Economy and Employment regulation of 30 July 2004 (Dz. U. Nr 176, poz. 1827)], p. 47.
310
Ministry of Environment, Sprawozdanie z realizacji krajowego planu gospodarki odpadami za okres od dnia 30 padziernika 2004 r. do dnia 31 grudnia 2006 r.
[Report on the implementation of the national waste management plan from 30 Oct 2004 to 31 Dec 2006], Warszawa 2007, p. 19.
307
308
161
162
level of recycling planned for 2007 was reached as early as in 2003, mainly thanks to the
recycling of waste from bulk packaging311.
A diametrically opposite trend dominates, however, in the management of waste
electrical and electronic equipment, where the results achieved thus far are highly unsatisfactory. The figures available for 20062007 indicate enormous difficulties in reaching
the collection, recovery and recycling targets for this waste demanded by the EU and intended to be achieved by the end of 2008312. These results are in large part a consequence
of the inadequate development of the system of collecting waste equipment and the legal
disposal of unwanted electrical equipment from individual users.
After Polands accession to the EU, there were also disturbing new phenomena.
In the initial period, approximately 1.7 mln end-of life vehicles were brought into the
country, the vast majority of them over ten years old and accident-damaged, which
relatively quickly became scrap, which led to a severe burden on the management of
waste313. Nevertheless, in 2006 the required targets for recovery and recycling of end-of
life vehicles was achieved314.
Disappointingly enough, following Polands accession to the EU no real change in
terms of the management of municipal waste has been noted. The dumping of such waste in
landfill sites still represents the basic means of dealing with it, although a slight downward
trend has been observed in this regard. In 2007, 90% of the municipal waste generated went
to landfill, while barely 0.4% was dealt with by incineration, and biological composting
almost 3%. This is not a good result in comparison with the remaining EU-27 members,
where the reverse tendency dominates (incinerated waste is increasing, landfill waste decreasing)315. In the years 20042007, the share of the general volume of segregated municipal waste didnt change significantly. Despite there being a visible upward trend in this area,
and close on half of Poles (44%) declare that they segregate their rubbish316, the amount of
segregated waste collected is still not great317. As a result Poland is having great difficulty
achieving the basic EU advice concerning treating the use of landfill as a last solution.
A significant problem is the import of waste from countries bordering Poland.
Despite Poland receiving transitional periods in terms of transboundary schipment of
Ibid, p. 2526; data source: Ministry of Environment, Department of Waste Management.
Resolution of the Council of Ministers no 233 of 29 December 2006 on National waste management plan 2010 (Mon. Pol. Nr 90, poz. 946).
Ibid.
314
Ministry of Environment, Sprawozdanie z realizacji krajowego planu gospodarki odpadami za okres od dnia 30 padziernika 2004 r. do dnia 31 grudnia 2006 r.
[Report on the implementation of the national waste management plan from 30 Oct 2004 to 31 Dec 2006], Warszawa 2007, p. 24.
315
316
Eurobarometer, Attitudes of European citizens towards the environment, Results for Poland, 2008, p. 2.
317
Ministry of Environment, Sprawozdanie [Report ], op.cit., Warszawa 2007, p. 13.
311
312
313
162
163
waste as well as the relatively stringent policies of the Chief Inspector of Environmental
Protection, it is possible to observe import of waste to the country which is trying to be
passed off as products. This means that the countrys processing facilities cannot keep up
with the amount of waste generated nationally318.
However, the infrastructure of waste management facilities has been significantly expanded. As early as in 20042006 there were completed or were under construction 154 undertakings in this regard319. As an example, the GUS statistics showed an
almost 48% growth in the numbers of waste incinerators with energy recovery in this
period320.
As a result of the large-scale investment made in the years 20002007 in total, an
almost 17-fold increase in the efficiency of equipment and installations for the disposal
of waste took place321. The major part of the investment in this area was made with the
aim of meeting the organisational and technical requirements laid down in the Landfill
Directive322. In particular, in the years 20042007, a 32%323 growth in the number of landfill sites equipped with modern degasification installations was recorded. The inability of
meeting the high EU standards in this area necessitates the modernisation of these facilities by those running them, or face the prospect of their closure. According to estimates
by the Ministry of the Environment, in the period from the date of accession to 2012, 663
existing landfill sites required adaptation to the requirements of the Landfill directive,
while 361 qualified for closure324. The scale of the activity needed is best testified to by the
fact that in the year of accession 1049 urban landfill sites were in operation325.
The effectiveness of the actions taken in respect of the EU requirements in terms
of waste management depends not only on the activity of industrial factories and the
provision of the relevant infrastructure, but also to a large degree on individual consumers. The key to success lies in changing social behaviour, which should be accompanied
by the appropriate public information campaigns, but also on expanding the system for
collecting different types of waste.
Resolution of the Council of Ministers no 233 of 29 December 2006 on National waste management plan 2010 (Mon. Pol. Nr 90, poz. 946).
Ibid, pp.10, 11 and 85; data source: Ministry of the Environment, Department of Waste Management.
Source: own calculations based on: Central Statistical Office, Ochrona rodowiska 2006 [Environmental Protection 2006], Warszawa 2006, p. 367; Central Statistical Office, Ochrona rodowiska 2008 [Environmental Protection 2008], Warszawa 2008, p. 382.
321
322
Council directive 1999/31/EC of 26 April 1999 on the landfill of waste.
323
Source: own calculations based on: Central Statistical Office, op. cit., p.352; Central Statistical Office, op.cit., p. 374.
324
Ministry of Environment, Informacja na temat dostosowania skadowisk odpadw komunalnych w Polsce do wymaga Dyrektywy Rady w sprawie skadowania
odpadw [Information on accommodating landfill waste sites in Poland to the requirements of the Council Directive on the landfill of waste Warszawa 2004,
p.34, http://www.mos.gov.pl/2materialy_informacyjne/inne/info_pl.pdf.
325
Central Statistical Office, Ochrona rodowiska 2005 [Environmental Protection 2005], Warszawa 2005, p. 351.
318
319
320
163
164
Use of EU structural funds

In adapting to meet community needs in the area of environmental protection in
Poland a not insignificant role has been played by the financial input coming from EU
structural funds.
In the years 20042006, funding for projects in the area of environmental protection could be gained from the Cohesion Fund (CF) as part of the Framework Reference Document for Cohesion Fund for 20042006, as well as funds from the European
Regional Development Fund (ERDF) as part of the Sectoral Operational Programme
Improvement of the Competitiveness of Enterprises (SOP ICE), measure 2.4 EU aid
for enterprises adapting to environmental protection standards and Integrated Regional Operational Programme (IROP), priority 1, measure 1.2 Environmental Protection
Infrastructure. In the Financial Perspective 20042006, over 2.5 bn EUR was available
for spending on the protection of the environment326. The highest, because almost total,
level of use of the available support funds designated for protection of the environment
was achieved in the case of investments made under the auspices of the ERDF. According to figures from the Ministry of the Environment, 97% of the allocation available for
this aim as part of SOP ICE (as of the end December 2008) was utilised, as well as 96.46%
of the IROP allocation (as of the end September 2008).
The aim of measure 2.4 SOP ICE was to increase the competitiveness of the Polish economy in the conditions of a unified market, through supporting enterprises in
adapting to meet the needs of environmental protection. Polish businesspeople could
apply for support in the areas of: carrying out investments necessary to gain an integrated permit, water and waste water management, atmospheric protection as well as the
management of industrial and hazardous waste.
By the end of 2008, financial support for the implementation of 240 pro-environmental investments supported under SOP ICE measure 2.4 had been confirmed327.
The majority, as many as 42% of all the projects carried out, consisted of actions aimed
at supporting businesses in carrying out the investment necessary to gain an integrated
permit328. One example is the project Automation of the production process applying
J. Ksiek, Analiza wykorzystania rodkw z funduszy europejskich na realizacj przedsiwzi z zakresu ochrony rodowiska, raport wykonany na zlecenie Urzdu
Komitetu Integracji Europejskiej [Analysis of the use of EU funds on environmental protection projects, report commissioned by Office of the Committee for
European Integration], Warszawa 2008, p. 3.
327
Data source: Ministry of Environment, Department of Infrastructure and Environment Operational Programme.
328
J. Ksiek, op.cit., p. 13.
326
164
165
modern technology, carried out in the Starachowice company Odlewnie Polskie SA,
entailing the installation of an automated mould production line as well as a mould material production station, worth a total of 15.2 mln PLN329.
Projects connected with atmospheric protection enjoyed the least popularity,
constituting barely 7% of all projects carried out. They were both the most cost-intensive projects, of which a prime example is the investment installing a wet combustion gas
desulphuring plant in Elektrownia Rybnik, worth a total of 244.8 mln PLN. The smallest
projects, however, mainly concerned investments carried out in terms of waste management, such as modernising a concrete mixing plant by adding a separator for recycling
cement rinsings, with a total value of 78.7 thousand PLN330.
The regional distribution for the use of ERDF support funds as part of SOP ICE
measure 2.4 ranges from the lskie Region, where 40 projects were carried out, to the
Warmisko-Mazurskie Region with the lowest (3) number of projects carried out331. In
total, recipients of measure 2.4 SOP ICE received over 702 mln PLN in support, of which
over 527 mln PLN came from the ERDF332.
Investment in the area of environmental protection as part of IROP (priority 1,
measure 1.2.) were aimed at reducing the amount of pollution escaping into the atmosphere, water and soil, improving flood protection security, increasing the use of renewable energy, and also improving environmental management.
As part of measure 1.2 IROP, 201 agreements to carry out projects and 138 applications for final payment of the balance have been received. As of the end of September
2008 the level of ERDF payments amounted to 1.1 bn PLN. The average share of financing
from ERDF funds in eligible expenditure came to as much as 72%. Since the inception
of the activities of IROP, as part of the programme, the construction or modernisation
of 1979 km of sewer networks, 619 km of water distribution networks, 40 waste water
treatment plants and 22 water treatment plants has been supported333. One example is the
project Building a sewer and sewage treatment network in five villages in the Zota municipality, between Zota and Rudawa, with a total value slightly over 5 mln PLN334.
Ministry of Environment, Finansowanie ochrony rodowiska z funduszy europejskich w Polsce w latach 20042006 [Financing environmental protection from EU
funds in Poland 20042006], www.ekoportal.pl, p. 9.
330
Ministry of Environment, Sukces dziaania 2.4. Wsparcie dla przedsiwzi w zakresie dostosowania przedsibiorstw do wymogw ochrony rodowiska w ramach
Sektorowego Programu Operacyjnego Wzrost konkurencyjnoci przedsibiorstw, lata 20042006 [Success of measure 2.4 Support for undertakings adapting business to environmental protection requirements as part of the Sectoral Operational Programme Growth of Industrial Competitiveness, 20042006, http://www.
ekoportal.pl/jetspeed/portal/portal/Fundusze_UE/SPO-WKP/sukces_dzialania_2_4_spo_wkp.psml.
331
332
Data source: Ministry of Environment, Department, op.cit.
333
334
Ministry of Regional Development, ZPORR 20042006 projekty dla rozwoju regionw [Integrated Regional Operational Programme projects for regional development 20042006], Warszawa 2006, p. 28.
329
165
166
Projects co-financed by the Cohesion Fund were implemented considerably slower. As of the end October 2008, in the environmental sector, the implementation of 90
CF projects (including 43 projects accepted as part of the pre-accession ISPA Fund335),
with a total eligible cost of over 4.2 bn EUR, as well as the total sum of CF grants approaching 2.9 bn EUR, had been confirmed336. This involved 88 investment projects and two
technical assistance projects.
Investments from the sewage management area dominated, of which many were
implemented as part of the NPMWWT. Among the 79 projects, the following construction or modernisation projects can be highlighted: waste water treatment plant, waste
water collection and pumping, sewage and water systems, water treatment plant and
even new water stand pumps. A prime example of this is the three stage project for water supply and sewage treatment in Warsaw, taking in a range of tasks in terms of the
conversion and modernisation of the water and sewage networks and the conversion
and modernisation of the Czajka waste water treatment plant337. Also worth highlighting are the projects providing comprehensive solutions to the problems of water
supply and sewage treatment in the lsk agglomeration, and among them the intermunicipal investment of the towns: Sosnowiec, Mysowice and Katowice, whose aim
was to create combined sewage overflow for the waste water treatment plant Radocha
II in Sosnowiec338.
The remaining investment projects carried out under the auspices of the CF concerned waste management (8 projects depending mainly on the construction or modernisation of sorting centres and landfill, and also composting sites) as well as atmospheric
protection (a single project carried out to modernise a heating network)339.
The greatest number, as many as 18, CF projects in the environmental sector
were carried out in the lskie Region, while the fewest (only one) in the Lubelskie
Region. Good results in terms of the use of CF resources were also achieved in the Mazowieckie and Maopolskie Regions, where support was given to ten projects in each of
these regions respectively. The average share of CF support in the total eligible cost of
each project amounted to 67% (against a maximum possible share of 85%)340.
ISPA: Instrument for Structural Policies for Pre-Accession designated for EU candidate countries, operating on a similar basis to the Cohesion Fund.
This project has hit certain difficulties in the final phase of its implementation; more on this subject at: http://gospodarka.gazeta.pl/gospodarka/
1,33181,6153374,H%C3%BCbner__Polski_rzad_dobrze_korzysta_z_funduszy_UE.html.
338
Data source: Ministry of the Environment, Cohesion Fund Project Database, http://www.ekoportal.pl/jetspeed/portal/portal/Fundusze_UE/Fundusz_spojnosci/projekty_2000_2006.psml.
339
Ibid.
340
335
336
337
166
167
It seems that such a qualitative and quantitative spread of CF projects carried out
around the country was determined in the main by the subjective and objective criteria for
supporting projects. In accordance with the Framework Reference Document for Cohesion
Fund for 20042006, support from CF funding in the environmental protection sector was
only available for large scale infrastructure investments carried out by public bodies341.
By the end of December 2008, only 49% of the CF allocation for the environmental sector had been used342. Among the most commonly occurring causes of difficulty in
using assistance funds were, apart from inconsistencies between Polish and community
law, the complex rules for public procurement and exceeding the project costs343. It should also be recalled that Poland still has time till the end of 2010 to spend the CF funding
allocated for the years 20002006344.
In the financial perspective 20072013, for investment in the area of environmental protection in Poland, almost three times the amount of funds for the years 2004
2006 has been allocated, that is almost 7.5 bn EUR to be used as part of the Infrastructure and Environment Operational Programme (IEOP) an also the Regional Operational
Programmes, from CF and ERDF funds345.
Despite certain delays in carrying out projects supported by EU structural funds,
Poland has effectively used the funding allocated to it in the 20002006 financial perspective for carrying out environmental protection projects. A future challenge, though,
will be the effective use of the allocation in the years 20072013. The experience gained
thus far should be of assistance in the process of applying for assistance, as well as in
terms of implementing the projects and settling the funds received.
Conclusions
This chapter presented the key areas of adaptational activities in the area of implementing community policy regarding protection of the natural environment in Poland.
In association with the necessity of adapting to the environmental standards of
the EU, positive trends in terms of the improvement in the state of the environment have
Such as, in particular local self-governments and their unions, municipal management businesses owned by municipalities.
Data source: Ministry of Regional Development, Department of Coordination of Infrastructure Programmes.
Prawie 100-proc. wykorzystanie funduszy strukturalnych 20042006 w Polsce [Almost 100% use of structural funds in Poland 20042006], www.ukie.gov.pl/
WWW/news.nsf/0/3AA706A20C2D1962C125750D00417756? Open.
344
Data source: Ministry of Regional Development, Department of Coordination of the Implementation of EU Funds.
345
J. Ksiek, op.cit., p. 22; according to the Ministra of the Environment data as at January 2009, only 10 projects were approved by the Commission for co-financing under OPIE.
341
342
343
167
168
been noted. Air, water and soil purity has gradually improved, achieved despite concurrent economic development.
Adapting to community requirements in this area was, however, associated with
a considerable level of financial outlay on the modernisation or construction of new
installations.
Apart from the ongoing continuation of activities aimed at meeting EU requirements in the area of environmental protection, Poland also faced new challenges this
time with no concessions whatsoever in the form of transitional periods.
In this respect, it seems essential to continue the adaptational activities in terms
of environmental protection, the enormous majority of which are connected with considerable financial investments. As far as further adaptational activities are concerned, it is
essential to achieve the right balance of economic issues against environmental protection in the activities of Polish businesses. In this context, the ability of receiving financial
support from EU assistance funds seems particularly important.
168
169
Small and medium-sized enterprises

The transformation of Polands economy during the 1990s has contributed to
a dynamic development of entrepreneurship and growth in the number of small and medium-sized enterprises (SMEs) in Poland. As a consequence, the role of SMEs on the eve
of Polands accession to the EU was crucial (considering e.g. their number, their headcount, and share in Polands GDP). Five years after Polands accession, they still play the
same role. SMEs account for the vast majority of all enterprises operating in Poland346.
Before the accession, entrepreneurs were generally considered in the public opinion as a social group that benefited the most from Polands integration into the EU.
However, entrepreneurs themselves were much concerned about their European competitors. Entrepreneurs representing small businesses expressed the highest concerns
and were also marked by the lowest level of knowledge about the EU. They based their
opinions on stereotypes, getting information on the EU from the mass media and experiences of their own company and business practice347. However, after just one year of
Polands membership in the EU, opinions shifted nearly every second entrepreneur
expressed the view that business outlook after the accession is good, and only every
sixth respondent claimed otherwise (vs. every fourth respondent a year before). Other
entrepreneurs either did not recognise any impact of the accession on the future of their
businesses, or were not able to assess its nature348. Also, it is worth stressing, that before
the accession, the majority of entrepreneurs claimed that Polands integration into the
EU would have a positive effect on thriftiness and enterprise, as well as on the quality of
interpersonal relations349.
PARP, Raport o stanie sektora maych i rednich przedsibiorstw w Polsce w latach 20062007, Warsaw 2008, p. 21.
Demoskop, Przedsibiorcy o problemach integracji Polski z UE, March 1997; Z. Mach, Polscy przedsibiorcy o akcesji Polski do Unii Europejskiej, [in:] Spoeczne
aspekty integracji Polski z Uni Europejsk, Badania i ekspertyzy 20012002, Monitor Integracji Europejskiej, Warsaw 2002, no. 54, p. 94102.
348
Krajowa Izba Gospodarcza (KIG, Polish Chamber of Commerce), Wpyw przystpienia Polski do UE na warunki prowadzenia dziaalnoci gospodarczej, Warsaw
2005; KIG, Badanie stanu przygotowania firm do dziaania na Jednolitym Rynku CAPE 2004, Warsaw 2004.
349
Z. Mach, op.cit., p. 94102.
346
347
169
170
Role of SMEs in Polands economy

Small and medium-sized enterprises have been developing dynamically from the
beginnings of Polands political, social and economic transition. Their role in Polands
economy on the eve of accession to the EU was crucial both in terms of their number
and headcount, as well as their share in GDP. In the past years, the importance of SME
sector for the Polish economy and society has been on the increase350. SMEs account
for about 99% of the total number of businesses in Poland, i.e. over 1.7 mln of active
business entities351. In this respect, Polands economy is on par with other EU Member
States. However, Polands SME sector is very diversified, e.g. in terms of size, business
specialisation, regional distribution, and export activities352.
Chart 1. Structure of SME sector in Poland in 20022007
2007
95.03%
4.07%
0.77%
2006
95.04%
4.05%
0.78%
2005
95.06%
4.03%
0.78%
2004
95.12%
3.96%
0.79%
2003
95.22%
3.85%
0.79%
2002
95.22%
3.79%
0.83%
88.00%
09
90.00%
1049
92.00%
94.00%
96.00%
98.00%
100.00%
50249
Source: S tudy by IBnGR based on: Zmiany strukturalne grup podmiotw gospodarki narodowej w 20022007,
Central Statistical Office, Warsaw 2008, p. 13.
In 2003, Polish SME sector was dominated by micro-enterprises, representing over

95% of all enterprises from this sector. The low average employment rate (slightly over 2 employees per company) confirms that this sector was very fragmented. To a large extent, SMEs
based their competitive advantage on low costs. As a result, they would take the lead in laboIn 2006, the share of SMEs in GDP was 47.7% in comparison, large companies with over 249 employees generated 22.7% of GDP. Data provided by the Central
Statistical Office, after: PARP, Raport, op.cit., p. 18.
351
Central Statistical Office, Dziaalno przedsibiorstw niefinansowych w 2007, Warsaw 2009, p. 25.
352
M. Grabowski, J. Lipiec, M. Tarkowski, Wpyw czonkostwa Polski w Unii Europejskiej na sektor MSP, expert study prepared by IBnGR (The Gdask Institute for
Market Economics) for UKIE, Warsaw 2008, p. 1228.
350
170
171
ur-intensive sectors with low saturation of capital. After 5 years of Polands membership in
the EU, this picture has not changed SME sector is still dominated by micro-enterprises.
The increase in headcount of an average enterprise confirms the slow process of
concentration of Polish businesses (Chart 2)353. After the first year of Polands membership in the EU, this process was listed as one of the effects of accession354.
Chart 2. Number of employees (in thousands left axis) and its growth (right axis, 2003 = 1)
by enterprise size, 20032007
3000
1.20
2500
2000
1.15
1500
1000
1.10
500
0
1.05
1049
2003
50249
2007
ponad 250
2007/2003
Source: C
alculations of IBnGR based on F-01 data, after: Przedsibiorczo w Polsce, Ministry of Economy,
Warsaw 2008, p. 12.
The highest increase in the number of employees in micro-enterprises in 2002

2007 (Table 1) was recorded in telecommunications (up by some 22%), manufacture of
tobacco products (up by some 18%) and water transport (up by some 17%). These changes
resulted mainly from deregulation of the telecoms sector, high market absorption, and the
growing demand for services in the tourism sector. In the sector of medium-sized enterprises, in addition to companies representing telecoms and transport sectors, increased
activity was recorded in education (up by 8%) and services (up by 7%). In the same sector,
considerable increase in the number of companies was recorded in particular in air transport (up by over 30%) and manufacture of tobacco products (up by 20%). In air transport
sector, the substantial growth in the number of newly established companies resulted,
inter alia, from the development of low-cost airlines355. The same trend was observed for
Ibid., p. 1215.
Sektor MSP rok po akcesji prba oceny, ed. M. Grabowski, Polska w Unii Europejskiej dowiadczenia pierwszego roku czonkostwa, Warsaw 2005, p. 22.
355
Since the date of Polands accession to the EU, the number of holders of air transport licenses in Poland has been on the increase. As at the end of 2003, there
were 5 license holders, compared to 15 as at the end of 2006. Cf. Analiza Rynku Transportu Lotniczego w Polsce w latach 20042006, Urzd Lotnictwa Cywilnego
(Civil Aviation Office), Warsaw 2008, p. 29.
353
354
171
172
companies providing financial and insurance services (10%), in particular micro-enterprises356. Therefore, it seems that certain pre-accession forecasts indicating that manufacture
of wood and of products of wood, manufacture of clothing and fur, as well as manufacture
of furniture would benefit the most from Polands accession to the EU, proved wrong357.
Table 1. Changes in the business structure of SME sector in Poland according to the highest
increase in terms of the number of SMEs in 20022007 (%)
Highest average increase in the number
of companies
Share of entities
from SME sector
in the total number
of companies
All SMEs
Micro
09
Small
1049
Postal activities and telecoms
99.71%
21.25%
22.04%
10.67%
5.08%
Water transport
99.36%
16.58%
17.72%
2.27%
1.43%
Manufacture of coke, refined petroleum

products, and nuclear fuels
94.22%
12.34%
16.95%
5.05%
5.82%
Air transport
97.85%
12.26%
13.57%
4.77%
30.67%
Manufacture of tobacco products
75.40%
12.25%
18.70%
0.95%
20.48%
Waste management
99.84%
10.81%
11.84%
6.22%
1.79%
Business
Medium
50249
Research and development
95.81%
10.46%
13.26%
3.16%
2.70%
Mining of coal and lignite; extraction of peat
91.01%
10.13%
12.01%
5.42%
6.79%
Financial service activities, except

insurance and pension funds
99.65%
10.00%
10.86%
-0.07%
3.64%
Management of real estate
99.94%
8.88%
8.99%
5.60%
0.24%
Manufacture of other transport

equipment
99.12%
7.64%
7.88%
4.04%
4.62%
Activities of other membership

organisations n.e.c.
99.83%
6.39%
6.41%
6.47%
4.12%
Education
99.86%
6.03%
5.67%
8.04%
1.15%
Information technology
99.96%
5.65%
5.66%
5.80%
1.67%
Manufacture of basic metals
94.63%
5.33%
6.03%
3.60%
4.99%
Central Statistical Office, Warsaw 358.
The largest drop in the number of companies in 20022007 (Table 3) was recorded in
the leather business (5%), mainly affecting micro- and medium-sized enterprises. The same
holds true for the fur business (down by nearly 3%). Pre-accession forecasts regarding pro356
357
358
172
Ibid., p. 19.
UKIE, Wpyw, op.cit., p. 41.
Ibidem, p. 20.
173
blems faced by manufacturers of leather and fur apparel proved right in the longer term359.
These businesses recorded the highest drop in terms of their number in 20022007360.
Also, it should be noted that SMEs often changed their business profile in order
to survive in the market or strengthen their market position.
Table 2. Changes in the business structure of SME sector in Poland according to the highest
decrease in terms of the number of SMEs in 20022007 (%)
Highest average decrease in the number
of companies
Share of entities
from SME sector in
the total number of
companies
All SMEs
Micro
09
Small
1049
Medium
50249
Manufacture of leather and leather products
99.71%
5.04%
5.36%
0.05%
4.08%
Insurance, reinsurance and pension funding,

except compulsory social security
98.05%
3.80%
3.84%
6.55%
4.78%
Manufacture of wearing apparel and fur

apparel
99.72%
2.71%
2.99%
0.00%
1.40%
Business
Forestry, including services
99.97%
2.04%
2.18%
6.01%
3.00%
Manufacture of other non-metallic products
99.49%
1.53%
1.62%
0.20%
2.68%
Manufacture of food products and beverages
98.99%
1.29%
2.16%
1.26%
1.07%
Renting of machinery and equipment without

operator and of personal and household goods
99.98%
1.06%
1.11%
3.48%
0.45%
Land transport; transport via pipelines
99.92%
1.02%
1.15%
10.76%
0.75%
Manufacture of wood and of products of

wood and cork, except furniture; manufacture of articles of straw and plaiting materials
99.85%
1.00%
1.28%
3.31%
1.95%
Retail trade, except of motor vehicles and

motorcycles; repair of personal and household goods
99.98%
0.88%
0.95%
4.77%
3.17%
Manufacture of radio, television and communication equipment and apparatus
99.45%
0.75%
0.65%
1.51%
5.16%
Manufacture of textiles and textile products
99.26%
0.57%
-0.91%
2.96%
0.26%
Wholesale and retail trade; repair of motor

vehicles, motorcycles and personal and household goods
99.97%
0.30%
-0.38%
3.17%
1.07%
Transport, storage and communication
99.91%
0.27%
0.39%
8.00%
1.06%
Manufacture of furniture; manufacturing n.e.c.
99.75%
0.20%
0.40%
2.97%
2.69%
359
360
361
UKIE, Wpyw, op.cit., p. 41.

M. Grabowski, J. Lipiec, M. Tarkowski, op.cit., p. 20.
Ibid., p. 20.
173
174
In 2007, revenues of non-financial enterprises sector (over 49 employees) increased by 14.6% vs. 2006 (in real terms, up by 12.0%) and reached the highest level since
1998362. This trend reflected the overall economic situation in the years 20042007. In
general, SMEs took advantage of the economic upturn. Analysis of this data indicates
that the most flexible businesses, quickly responding to market developments, adjusting
their strategies to the specific business environments, and taking advantage of the benefits of Polands membership in the EU, recorded the best results. Beyond any doubt, this
increase in profitability recorded by SMEs resulted also from the injection of EU funds,
earmarked mainly for the support to the sectors competitiveness.
Although SMEs account for the vast majority of businesses in Poland, their share
in total capital expenditure363 has not only remained low since 2004, but has even been
decreasing. For instance, capital expenditure of small enterprises in 2004 represented
25.5% of the total capital expenditure. In 2007, this share dropped to 23.7%. In 2004,
capital expenditure of medium-sized enterprises represented 24.3% of the total capital
expenditure. In 2007, this share totalled 24.1%364. It may result inter alia. from more
difficult access to external financing than in the case of large companies. In 20042007,
the highest investments were made by SMEs representing the following sectors: manufacturing, wholesale and retail trade and repairs, as well as management of real estate and
business activities365.
The structure of business sectors and its changes in the period 20022007 indicate that about 40% of SMEs operated in sectors with low capital intensity, 30% of
which were companies that required no specific qualifications or skills from their employees (e.g. wholesale and retail trade). Increase was recorded in the sector of management of real estate, linked with the increasing demand for real property (up by about
9%). Interestingly, a relatively high increase was recorded by transport companies in
terms of their number. Polands integration into the EU increased profitability of this
sector, mainly based on the reduction of transaction costs in international transport
and increase in the efficiency of the means of transportation. The dynamic growth in
the number of small transport companies may also be attributed to liberalisation of
National Bank of Poland, Ocena kondycji ekonomicznej sektora przedsibiorstw niefinansowych w 2007 roku w wietle danych F-01/I-01, NBP, Central
Statistical Office, p. 7.
363
According to the methodology adopted by the Central Statistical Office, CAPEX includes investments in new assets, upgrade of new assets, and purchase of used
PP&E (GUS, Dziaalno przedsibiorstw niefinansowych 20042006)
364
Central Statistical Office, Dziaalno przedsibiorstw niefinansowych 2004, Warsaw 2006, p. 22; Central Statistical Office, Dziaalno przedsibiorstw niefinansowych 2007, Warsaw, p. 33.
365
Sections A, B and M (forestry, fishing, and education) were not considered, as their statistics are unavailable under the statistical confidentiality requirement
pursuant to the Law on Public Statistics.
362
174
175
access to the EU market in freight transport by road (even though liberalisation did
not cover cabotage).
Statistics provided by the Central Statistical Office (GUS) indicate that in the
area of exports, large companies benefited from Polands membership in the EU to
a much larger extent than SMEs366. In the case of large businesses, export revenues increased from 18.9% to 23%. In the case of SMEs367, the share of export sales remained
practically constant and is lower than for large companies (Table 4). According to data
provided by Polish Confederation of Private Employers Lewiatan, about 80% of SMEs
are not interested in export sales at all368. It results from the correlation between company size and its exports activities (the smaller the company, the less active). SMEs that
tried to strengthen their position in foreign markets took advantage of the simplified
export procedures and reduction of red tape369. Still, the majority of SMEs sold their
products in the Polish market (also owing to a strong increase in domestic demand and
appreciation of PLN)370.
Table 3. Changes in the share of export sales in net revenues of Polish enterprises (by company
size) in the period 20032007 (%)
Employer of
2003
2004
2005
2006
2007
Over 9 employees
14.8
16.0
16.0
17.0
18.0
1049
7.3
8.0
8.0
8.0
7.0
50249
11.9
12.0
12.0
13.0
12.0
Over 250 employees
18.9
20.0
21.0
23.0
23.0
Source: I BnGR based on GUS F-01 data, after: Przedsibiorczo w Polsce, Ministry of Economy, Warsaw
2008; M. Grabowski, J. Lipiec, M. Tarkowski, op.cit., p. 27.
In many studies and expert opinions prepared before 2004, the hypothesis was
adopted that the impact of accession on the SME sector will depend on the region371.
Authors of those studies argued that the more developed regions of Poland located near
the western Polish border, with stronger business links with their main partners from
Member States, with higher employment rates and social and economic development,
Being in better financial condition as a rule, large enterprises invest in state-of-the-art technologies and techniques, improving their market competitiveness.
Data on small- and medium-sized enterprises micro-enterprises are not covered by this analysis, as they do not submit F-01 forms.
Data for the period 20042009.
369
It applies mainly to Member States. As regards trade with third countries, certain difficulties were identified resulting from changes in trade regulations.
370
In the future, export activities will depend on, inter alia, international economic situation and the shift of Polish SMEs to high-tech production.
371
M.W. Kozak, Skutki integracji z UE dla polskich regionw, [in:] Korzyci i koszty czonkostwa Polski w Unii Europejskiej raport z bada, ed. Z. Jurkowlaniec,
Centrum Europejskie Natolin (Natolin European Centre), Warsaw 2003, p. 6795.
366
367
368
175
176
would benefit more from Polands membership in the EU. It was therefore assumed that
SME sector should develop faster in provinces of western Poland and largest urban centres (Warsaw or Silesia, for instance). This phenomenon is confirmed by statistics provided by the Central Statistical Office (Chart 3). However, these regional differences are
smaller than expected. It appears that the period of five years of Polands membership in
the EU is in fact too short for any major changes in this area. Considering the amount of
funds available in the current programming period (20072013), it may be assumed that
the impact of Polands integration into the EU on the regional differentiation of SMEs
will further increase, although it will be limited mainly to indirect effects through the
upgrade and extension of infrastructure372.
Chart 3. Changes in the number of SMEs in Poland in 2008 by regions
MIC 105.0 SM 109.4 MED 102.7
SMEs total
Dec 2003 = 100
MIC 103.5 SM 111.0 MED 101.6

MIC 106.1 SM 104.1 MED 97.2
109.7111.0
MIC 91.6 SM 107.3 MED 96.6

MIC 99.0 SM 114.1 MED 104.0
105.2107.2
100.0105.0
MIC 111.1 SM 109.6 MED 104.2

MIC 105.9 SM 114.4 MED 100.8
99.099.9
92.293.2
MIC 103.6 SM 114.1 MED 96.2
MIC 99.2 SM 109.5 MED 107.3
MIC micro (09)

SM small (1049)
MED medium (50249)
MIC 98.5 SM 110.5 R 99.1

MIC 101.7 SM 108.7 MED 99.0
MIC 103.7 SM 113.3 MED 99.3
MIC 109.8 SM 108.5 MED 98.6
MIC 100.1 SM 108.9 MED 97.9
MIC 100.3 SM 104.5 MED 101.5
MIC 102.9 SM 113.0 MED 102.3
Source: Study by IBnGR based on data of Central Statistical Office373.

372
373
176
M. Grabowski, J. Lipiec, M. Tarkowski, op.cit., p. 3536.

Ibidem, p. 35.
177
Impact of structural funds on the Polish SME sector

One of the main direct benefits of Polands accession to the EU for SME sector
was the access to structural funds (SF)374. In 20042007, this sector received about PLN
2.2 bn in assistance, i.e. nearly 58% of all structural expenditure on the Polish SME
sector375. Effects of the implementation of programmes co-financed with EU funds are
becoming increasingly more visible. However, several years are still needed to conduct
a complete analysis of the impact of EU funds on the Polish SME sector. At the moment,
it is still too early in the day to assess the sustainability of the positive changes.
Structural funds for the period 20042006 were available for Polish businesses
since 2004 under the National Development Plan (NDP). The majority of projects (about
84%) with entrepreneurs as beneficiaries were contracted for implementation under two
operational programmes: Sectoral Operational Programme Improvement of the Competitiveness of Enterprises (SOP ICE)376 and Integrated Regional Operational Programme
(IROP)377. The majority of projects were implemented in regions marked by the highest
level of economic development (Mazowieckie, lskie and Wielkopolskie)378.
The overriding objective of SOP ICE was to improve the competitiveness of Polish
enterprises operating in the open market. For instance, according to beneficiaries, implementation of projects under Measure 2.3 of SOP ICE (Investment aid for SMEs) resulted
in the upgrade of technologies used by SMEs (91% responses), improvement of Health
and Safety (78%), increased investment potential (50%), and reduction of environmental
impacts (40%). In terms of the impact of projects, the lowest ranks were assigned to cooperation in R&D (4%) and starting co-operation with other enterprises (12%)379.
Studies on the impact of SOP ICE on the employment in the enterprises sector
indicated that the programme contributed to the overall increase in headcount. The
number of jobs established directly or indirectly in the group of enterprises-beneficiaries
However, we should not forget grants received by SME sector in the pre-accession period from PHARE (Poland and Hungary Assistance for Reconstructing of
their Economies). For example: PHARE 2000 Krajowy Program Rozwoju MSP (National SME Development Programme), or the project Uatwianie maym przedsibiorcom dostpu do wiedzy w zakresie prowadzenia firmy (Facilitating access to knowledge to young entrepreneurs on how to conduct business).
375
W. Misig, M. Tomalak, Wpyw wydatkw z funduszy strukturalnych i Funduszu Spjnoci na stan finansw publicznych w latach 20042007, aktualizacja, Ministry
of Regional Development, Warsaw 2008, p. 59.
376
SOP ICE covers the following measures: SOP ICE Measure 2.1 Consultancy aid for SMEs, SOP ICE Measure 2.2.1 Support for entrepreneurs making initial
investments, SOP ICE Measure 2.3 Investment aid for SMEs, SOP ICE Measure 1.2.1 Support for micro-loan funds, SOP ICE Measure 1.2.2 Support for
guarantee funds, SOP ICE Measure 1.2.3 Supporting the creation of Seed Capital Funds, SOP ICE Measure 1.1.2 Support for business environment institutions
and networks of business environment institutions.
377
IROP covered 4 Priorities (Development and modernisation of the infrastructure to enhance the competitiveness of regions, Strengthening the human resources
development in regions, Local development, Technical assistance), and a number of Measures under each Priority; for more information, visit www.zporr.gov.pl.
378
Ministry of Regional Development, Oddziaywanie funduszy strukturalnych i Funduszu Spjnoci na gospodark Polski w latach 20042007 (I po. roku), p. 66.
379
D. Jaboska, Wpyw funduszy strukturalnych na rozwj polskich firm (presentation), PARP, Warsaw 2009.
374
177
178
of SOP ICE totalled about 80 thousand. The majority of these jobs were created by medium-sized enterprises (47% of all new permanent jobs)380.
The impact of SOP ICE on the level of innovation in the Polish economy as
a whole was rather moderate. However, the programme had a major positive impact on
its beneficiaries. Nearly half of respondents (46%) claimed that in the past 3 years, the
level of innovation in their companies had definitely improved (vs. only 13% of entrepreneurs who did not receive assistance)381.
The majority of respondents representing business environment institutions and
entrepreneurs claimed that SOP ICE contributed to the improvement of the competitiveness of enterprises also by improving the quality of services provided by business
environment institutions. Components of quality listed by respondents included better
availability in terms of territory (physical access), costs (reduction of service costs),
number (more institutions), and content (development and improvement of services)382.
As improvement of competitiveness of the economy in the long term is related to the
intensity of its links with the R&D sector, support for industrial parks, science and technology parks, and technology incubators is of key importance (SOP ICE Measure 1.3).
This assistance helped create good conditions for the development of enterprises (mainly companies in the process of dynamic development)383. Enterprises used infrastructure
created as part of the project including office spaces, production and storage facilities,
roads, and specialised infrastructure. In Poland, the impact of parks and incubators remains local in scope (the scale of these projects is too limited to impact the economy of
the entire region). However, the impact of parks and incubators on the employment in
SMEs is evident, although not measurable at this stage. On the other hand, the impact of
investments on the level of innovation was not positive according to respondents. Their
role as a link between science and business does not work in practice384. According to
experts, the percentage of respondents who responded positively to the following question: Have representatives of technological park/incubator offered any help regarding
co-operation with a research centre? is too small (45%). The impact of the survey was
weakened by the fact that out of all companies that received such an offer, only 41%
InfoAudit, Europejskie Centrum Consultingu (European Consulting Centre), Tyc G., Wpyw realizacji SPO WKP lata 20042006 na poziom zatrudnienia wsektorze przedsibiorstw, Warsaw 2009, p. 3.
381
PAG Uniconsult, Wpyw realizacji SPO WKP lata 20042006 na poziom innowacyjnoci polskich przedsibiorcw, Warsaw 2008, p. 3.
382
PSDB, WYG International, Raport z badania: Instytucje otoczenia biznesu wspierane w ramach Sektorowego Programu Operacyjnego Wzrost konkurencyjnoci
przedsibiorstw, lata 20042006: okrelenie wpywu Programu na ofert usugow oraz poziom jakoci wiadczonych usug, Warsaw 2007, p. 23.
383
PAG Uniconsult, Raport kocowy z badania ewaluacyjnego: Ocena rezultatw wsparcia parkw przemysowych, parkw naukowo-technologicznych oraz inkubatorw technologicznych w ramach dziaania 1.3 SPO-WKP, Warsaw 2008.
384
Ibid., p. 60.
380
178
179
used it. Furthermore,out of 50 technological parks/incubators, only 9 companies decided to start such co-operation385.
SOP ICE provided support also for loan funds and guarantee funds. According to
the Evaluation Report for Sub-Measures 1.2.1 and 1.2.2, these funds considerably improved their potential for the grant of loans and guarantees to the smallest companies that
find it very difficult to receive a bank loan386. According to entrepreneurs, advantages of
loan funds are as follows: individual approach to customers, accepting borrowers with no
history of borrowings, flexible forms of security, as well as simple and quick procedures.
As for guarantee funds, their main advantage is in the efficient and quick evaluation
procedure387.
At the regional level, IROP offered support that was complementary to SOP
ICE. In particular, IROP 20042006 Priority 3: Local Development included Measure
3.4 Micro-enterprises. The objective of this Measure was to improve the competitiveness of micro-enterprises by facilitating access to specialist advisory services and
improving investment capacities at the early stage of operation. Results of evaluations
(data from three regions Dolnolskie, lskie, and Podkarpackie) indicate that this
assistance contributed to the increase in the number of employees388. This conclusion
was true for 86.4% of respondents. Every tenth micro-enterprise (9.4%) recorded no
changes in this area, while 4.2% of respondents recorded a drop in the number of
employees compared to the period before the grant389. The majority of enterprises for
which it was possible to analyse data from the period both before and after the grant,
recorded an increase in revenues (61% of micro-enterprises). 28.6% of respondents
recorded no changes in the level of revenues, while every tenth company (10.4%) observed a drop in revenues.
Leverage390 was recorded by a vast majority (82.3%) of respondents who confirm to have employed additional own funds in excess of the required contribution for
the implementation of Measure 3.4 under IROP391. Multiplier effect was recorded by
61.7% of micro-enterprises, and 38.3% respondents did not take any additional investment actions (in addition to the grant).
Ibid., p. 64.
For example, beneficiaries of Sub-Measure 1.2.1 implemented almost three times more projects than funds that did not benefited from SOP ICE, [in:] K. Zieliska, Wyniki ewaluacji poddziaania 1.2.1 i 1.2.2 SPO WKP (presentation), Warsaw 2008.
387
PARP, Raport z ewaluacji poddziaania 1.2.1 i 1.2.2 SPO WKP, Warsaw 2008.
388
Resource, Analiza wpywu wsparcia udzielonego w ramach Dziaania 3.4. Zintegrowanego Programu Operacyjnego Rozwoju Regionalnego 20042006 na wzrost
konkurencyjnoci mikroprzedsibiorstw, Pozna 2007.
389
Ibid., p. 8.
390
Leveraging occurs when the grant of funds for the implementation of a certain project increases the financial involvement of private sector in this project.
391
Ibid., p. 9.
385
386
179
180
Assistance granted under IROP Measure 3.4 also increased the number of customers for products/services (according to as many as 90% of respondents). 87.4% of respondents used the assistance to purchase new equipment necessary to conduct their business.
Structural funds for the period 20072013 that were of particular interest to
SMEs included Innovative Economy Operational Programme (IE OP) and Human Capital Operational Programme (HC OP). For instance, in 2008, under IE OP more than 2300
grant applications were submitted, of which nearly 89% (over 2050) passed the formal
evaluation phase, and nearly 50% (over 1070) passed the individual assessment stage392. It
is still too early to analyse the impact of these programmes on the SME sector (especially
that some of these projects were launched in early 2009). However, outlook seems good,
although much will depend on the sectors ability to utilise these funds properly.
When discussing the impact of funds on the SME sector, we must mention a number of initiatives and grants promoting equal recruitment and employment conditions,
combating discrimination, creating good workplace relations and working conditions,
as well as making employers more aware of the broadly defined ethics in employer-employee relations393. Many Community programmes are focused on the development of
entrepreneurship among women and people with disabilities.
Despite many examples of good practices (i.e. selected examples of successful
projects supported with EU funds), the exchange of information on these funds is still
a problem394. It is confirmed by studies carried out by the Polish Agency for Enterprise
Development (PARP), Polish Chamber of Commerce (KIG), or Polish Confederation of
Private Employers Lewiatan (PKPP Lewiatan). Attention is drawn mainly to the excessively complicated procedures and incomplete or unclear information. To eliminate these
problems, Ministries are developing new solutions. Ministry of Regional Development
is responsible for the majority of works focused on the simplification of legal regulations
for entrepreneurs in connection with the implementation of structural funds and the
Cohesion Fund. Under the previous financial perspective, actions were taken to, inter
alia, reduce the number of annexes to applications submitted by beneficiaries, allow for
the introduction of technical corrections in payment applications (without sending them
back to applicants), and replace the quarterly reporting timeframe with a semi-annual
Data provided by Ministry of Regional Development.
For instance, the project implemented under Community Initiative EQUAL and co-financed by the European Social Fund: Zatrudnienie Fair Play. Promocja
kultury przedsibiorczoci i etyki rynku pracy (Employment Fair Play. Promotion of Business Culture and Labour Market Ethics).
394
Cf. the Polish Agency for Enterprise Development (PARP), Dobre praktyki SPO RZL, Projekty nakierowane na doskonalenie umiejtnoci pracownikw i menederw firm, dofinansowane w ramach Sektorowego Programu Operacyjnego Rozwj Zasobw Ludzkich, lata 20042006, ed. J. Gontarz, Warsaw 2008; PARP, Dobre
praktyki. Wybrane projekty doradcze i inwestycyjne maych i rednich firm dofinansowane z Sektorowego Programu Operacyjnego Wzrost konkurencyjnoci przedsibiorstw, 20042006, ed. J. Gontarz, Warsaw 2008.
392
393
180
181
timeframe395. These issues are now handled by the Team for the Simplification of EU
Funds Implementation System Simple Funds. Its tasks include the development of proposals as to the simplification of EU funds implementation system in the financial perspective 20072013, drafting reports on the proposed and implemented simplifications,
as well as comparative studies of the Polish system and systems adopted in other Member
States. In addition, guidelines are being developed to make it easier for entrepreneurs to
utilise EU funds efficiently also in the form of Guides396.
Innovation of SMEs397
Innovation is one of the main factors determining the market position of an enterprise. Studies have shown that companies that introduce innovation are more profitable. However, innovation dynamic is still what is missing in Polish enterprises398.
According to entrepreneurs, barriers to investments in new technologies include mainly
financial factors high costs, insufficient own funds, difficulties in securing sources of
external financing, and high risks of failure. Difficulties in securing external financing
have always been a problem, especially for SMEs. Therefore, assistance under a variety
of Community programmes, even though it is not always easy to obtain, is of key importance for SMEs.
As of 2004, new sources of financing from the cohesion policy funds have been
available for entrepreneurs399. Evaluations have defined a number of positive aspects
of this financing, including making entrepreneurs aware of the benefits of co-operation
with institutions offering external financing, improvement of staff qualifications, as well
More i.a. [in:] Odpowied sekretarza stanu w Ministerstwie Rozwoju Regionalnego z upowanienia ministra na interpelacj nr 195 w sprawie wprowadzenia
uatwie dla maych i rednich przedsibiorstw w odniesieniu do procedur ubiegania si o rodki pomocowe z Unii Europejskiej, 4 January 2008, http://www.sejm.pl.
396
For instance, Polish Confederation of Private Employers Lewiatan (PKPP Lewiatan), Mapa przedsibiorcy 20072013, Warsaw 2008, http://www.mapaprzedsiebiorcy.pl.
397
Based on: dr B. Marciniec, Integracja Polski z UE jako milowy krok w innowacyjn przyszo, expert study for UKIE, Warsaw 2008.
398
In the case of Polish companies, indicators of the share of innovative SMEs (13.80% vs. EU-27 average of 21.57%) and the share of enterprises receiving State
aid for innovative projects (30% of the EU average) are particularly low. The indicator of innovation expenditure of Polish companies, calculated as the percentage
of their turnover, is also below the EU average (EU-27 1.87%, Poland 1.56%; in comparison, in the Czech Republic 2.15%). As regards the key innovation
indicators, Polands average is slightly above the EU-27 average only in terms of the company turnover coming from new products. It results from the fact that
up until recently, emphasis has been placed on the restructuring and establishment of new enterprises rather than on the development of their scientific base and
implementation of new technologies. Cf. Czy warto inwestowa w innowacje? Analiza sektora badawczo-rozwojowego w Polsce, KPMG, Warsaw 2009 and PARP,
Raport o stanie sektora maych i rednich przedsibiorstw w Polsce w latach 20062007, Warsaw 2008.
399
Structural funds have been available for entrepreneurs since 2004 under the National Development Plan for 20042006. In particular, innovative projects are
supported from SOP ICE (Improvement of the Competitiveness of Enterprises), SOP HRD (Human Resources Development), and IROP. Forms of expenditure of
EU funds in 20072013 are defined in National Strategic Reference Frameworks (NSRF). IE OP (Innovative Economy) is the key instrument of NSRF, focusing
on the improvement of competitiveness of enterprises by increasing their innovation level. The total of EUR 9.7 bn was earmarked for this purpose. In addition,
elements of innovation may be supported from HC OP (Human Capital), OP I&E (Infrastructure and the Environment), and, on a smaller scale, 16 Regional
Operational Programmes.
395
181
182
as increase in employment and revenues400. Analysis of the effects of structural funds

used in 20042006 in the area of innovation pointed to the increase in investment expenditure after 2004. Compared to other companies, beneficiaries of structural funds invest
more in the purchase of automatic, computer-controlled production lines. However, it is
still too early to identify any sustainable results of these projects. In the group of entrepreneurs who used this assistance, 46% claimed that in the past three years, innovation
level in their company had definitely improved, compared to only 13% in the group of
companies that did not use any assistance.
As mentioned before, large-scale support from public business environment institutions, such as technology transfer centres, technology incubators, as well as science and technology parks, was used after the accession. This assistance contributed to
a great extent to the improvement of innovation level. Funds for the development of
a network of business environment institutions were earmarked under SOP ICE. These
projects are continued under SOP IE, focusing on the provision of end-to-end assistance
to newly established or developing technology enterprises, based on highly specialised
laboratories in the selected science and technology parks. Brand new solutions have also
been developed for the support of co-operation among enterprises, including clusters.
These opportunities should be fully utilised, considering that clusters are gaining in
popularity in Poland, but despite the common belief only a small number of model,
developing, and effective cluster initiatives currently exist in Poland. The importance
of EU assistance in this area was confirmed by results of the study, which indicated that
the majority of cluster participants were planning to apply for EU support to the development of cluster initiatives401.
Assistance from structural funds was also of key importance to R&D activities of
enterprises. Under SOP ICE, the amount of assistance to R&D Project increased, and public funds for the support of R&D activities were made available to enterprises without
the need to co-operate with public science and research institutions. The extent of this
support was further increased under IE OP. Under a new formula of targeted projects,
combined with assistance for the implementation of their effects, co-financing of R&D
activities together with implementation investments from public funds is now available
for enterprises. In addition, IE OP offers support for enterprises preparing themselves to
obtain the status of a Research and Development Centre.
Analysis of the impact of assistance from Measure 3.4 of the Integrated Regional Operational Programme (IROP) on the increase in competitiveness: Microenterprises.
401
J. Houb-Iwan, M. Maachowska, Rozwj klastrw w Polsce. Raport z bada, Szczecin 2008.
400
182
183
With the simplification of procedures and better skills of beneficiaries as regards

the procedure of obtaining and management of funds, as well as the development of information and advisory networks, the amount and scale of utilisation of financing under
structural funds is constantly increasing. However, the demand for assistance among
SMEs is still not satisfied. This demand exceeds the available funds by several times, especially in the area of investments (e.g. in the case of SOP ICE from 1.5 to 6 times)402.
Already in the pre-accession period, enterprises and public science and research
institutions gained access to financing under Framework Programmes for Research and
Technological Development. However, these funds are very difficult to obtain, which is
confirmed by data on the share of Polish entities in subsequent Framework Programmes
(5th FP in 19982002, 6th FP in 20032006, and 7th FP in 20072009). These statistics indicate that the number of Polish entities participating in these programmes is relatively
low compared to other Member States403.
Conclusions
In the past five years, SMEs recorded an increase in employment, revenues, and
profitability. In particular, the third year of Polands membership in the EU was the period of strong economic growth, which was reflected in good financial results recorded
by enterprises. However, costs and benefits of membership were not uniformly distributed among all enterprises, business areas, and sectors.
Also, as expected before the accession, development of SMEs depended on the
region, but the scale of these differences was lower than expected. The same holds true
for the process of business concentration, which has not reached the forecast level.
Changes in the labour market in the period 20032007 influenced also the SME
sector; SMEs had to compete for employees, for instance by increasing salaries.
SMEs focusing on export sales had to face competition in the EUs single market. Today, we may conclude that skills and innovation are key to the successful adaptation of company strategies to the new environment, and success depends on whether entrepreneurs are
able to take full advantage of the opportunities offered by this large market. These changes
signal the shift from price-based to quality-based competition among Polish companies.
A. Ciechanek, P. Czy, T. Klimczak, A. Kowalczyk, K. Pylak, Poziom absorpcji przez mae i rednie przedsibiorstwa rodkw w ramach sektorowego programu
operacyjnego wzrost konkurencyjnoci przedsibiorstw, lata 20042006, Warsaw 2007.
403
Competitiveness and Innovation Framework Programme (CIP) was omitted as no data on its participants is available.
402
183
184
Still, structural funds were a very important factor of development for the majority of SMEs in this period. As SMEs tend to move on from the strategy of price-based
competitiveness to quality-based competitiveness, they need to take account of increased
investments (e.g. in new technologies). EU funds are an important source of funding in
this area. Effects of this funding (extension and upgrade, increased headcount, innovation, access to new sources of financing, etc.) will be visible only in a long term, especially that new, even larger injections of EU funds are expected in the years to come.
In conclusion, Polands accession to the European Union was to the advantage of
the Polish SME sector. It is worth pointing out that EU membership highlighted certain
good qualities of Polish entrepreneurs, such as experience, education, as well as readiness
to invest and recruit new employees. Still, Polish SMEs face many challenges. It seems
that, when the EUs common market is complete, SMEs will be able to fully utilise their
potential, also by strengthening their position in the global market.
184
185
Innovation
Innovation is becoming an increasingly important item on the EU policy agenda, in particular since the adoption of the Lisbon Strategy in 2000 and its renewal in
2005. The main purpose of the Strategy is to build a knowledge-based economy404.
Since that time, many initiatives have been undertaken, among which one that deserves particular attention is the Communication from the Commission to the Council, the European Parliament, the European Economic and Social Committee and the
Committee of the Regions Putting knowledge into practice: A broad-based innovation
strategy for the EU405 published in 2006. The Commission presented there a list of
ten priority actions aimed at facilitating the free movement of knowledge in the EU,
creation of a single labour market for researchers (the 5th freedom), promotion of
clusters, eco-innovations, use of the public procurement to stimulate innovation or
development of lead markets.
The to-date statistical data on the innovation level of the Polish economy do not
give grounds for optimism. Poland, one of the larger EU countries with a very high economic growth rate, is marked by a very low innovation index. In 2007, it totalled 0.24
and was almost by half lower than the EU average (0.45). In consequence, in innovation
rankings such as the Summary Innovation Index, Poland is in one of the bottom positions.
In addition, only 20% of innovative solutions are developed as a result of R&D works,
with the remaining 80% coming from outside406.
The term knowledge economy is commonly used to describe economic activity that relies not on natural resources (like land or minerals) but on intellectual resources such as know-how and expertise. A key concept of the knowledge (-based) economy is that knowledge and education (also referred to as human
capital) can be treated as a commercial asset or as educational and intellectual products and services that can be exported for a high value return., Green Paper.
Copyright in the Knowledge Economy, COM(2008)466.
405
Putting knowledge into practice: A broad-based innovation strategy for the EU, COM(2006)502, based on the Esko Ahos report on Creating an Innovative Europe
drawn up by an independent group of experts established following the summit in Hampton Court and chaired by the former Prime Minister of Finland, Esko
Aho.
406
D. Jaboska, Finansowanie przedsiwzi innowacyjnych ze rodkw pomocowych UE (Funding innovative undertakings out of EU aid schemes), Warsaw, November 2008.
404
185
186
he role of innovation in Poland after the accession

T
to the EU (major initiatives)
After the accession to the EU, Poland was involved in the implementation of the
provisions of the Lisbon Strategy regarding, inter alia, innovation407. This was reflected
in all major programme documents related to its implementation, especially in national
reform programmes and the innovation strategy408. The most important role in promoting innovation is played by ministers of economy and science. Results of initiatives they
have undertaken:
l
the science financing system has been reformed409,
l
the National Capital Fund has been established410,
l
pursuant to the Act on certain forms of supporting innovative activities411, new
instruments have been introduced, such as: technology loan, the status of a Research and Development Centre (RDC)412 and tax incentives.
Also an entire system of operational programmes was developed, which facilitated the absorption of EU funds between 2004 and 2006 as well as between 2007 and 2013
(instruments supporting innovative actions out of EU funds are discussed further on).
In 2007, the experts of the Organisation for Economic Co-operation and Development (OECD) evaluated the Polish innovation policy, including the above instruments. The results of the review have been published in the Policy mix for innovation in
Poland key issues and recommendations report, which stated that the Polish government properly diagnosed the needs and made a good selection of instruments. However,
implementation of these solutions was regarded as the most important challenge413.
The first programme of the government of the Republic of Poland which was to boost innovation of the Polish economy Zwikszanie innowacyjnoci gospodarki
w Polsce do 2006 roku (Improvement of innovation of Polish economy before 2006) was adopted already in the pre-accession period, in July 2000. The Commission
expressed a very positive opinion on the document. In practice, the implementation was started after the accession to the EU and disbursement of aid from structural funds. See dr B. Marciniec, Integracja Polski z Uni Europejsk jako milowy krok w innowacyjn przyszo (Integration of Poland with the European Union as
a leap into an innovative future), an expert study commissioned by UKIE, Warsaw 2008, p. 5.
408
The primary documents developed to help implement the major goals of the Strategy include:
National Reform Programme for the years 20052008,
National Reform Programme for the years 20082011 for the implementation of the Lisbon Strategy adopted on 18 November 2008.
Kierunki zwikszania innowacyjnoci gospodarki na lata 20072013 (Directions for improvement of innovation of the economy for the years 20072013); the document is a continuation of the programme Zwikszanie innowacyjnoci gospodarki w Polsce do 2006 r. (Improvement of innovation in Polish economy before 2006)
409
Act on the principles of financing science of 8 October 2004 (Journal of Laws no. 238, item 2390).
410
Act on the National Capital Fund of 4 March 2008 (Journal of Laws no. 57, item 491). The NCF started its operation in July 2007, in line with the projection,
by 2013 support will be provided to app. 20 funds which will invest in app. 170 companies. See: D. Grodzka, A. Zygierewicz, Innowacyjno polskiej gospodarki
(Innovation in the Polish economy), BAS Biuro Analiz Sejmowych, Indos no. 6(30), March 2008.
411
Act on certain forms of supporting innovative activities of 29 July 2005 (Journal of Laws no. 179, item 1484).
412
As a result of amending the act of 2007, which included the reduction of requirements to 20% of revenues from sales of in-house R&D works in total sales and
simplifying the status granting procedure, first enterprises obtained the RDC status as late as in the second half of 2008.
413
See B. Marciniec, op.cit., p. 9.
407
186
187
To sum up, the Polish membership of the EU has contributed to an increase in

the governments involvement in programming pro-innovation actions, in particular in
relation to the implementation of the Lisbon Strategy. Many strategic documents have
been adopted and many legislative projects have been presented. The results of these actions earned various opinions. Positive trends have been pointed out, although, there are
also opinions that Poland has not succeeded in developing an effective pro-innovation
policy and the competence of national institutions which should participate in implementation of the knowledge-based economy are not particularized414.
Innovation in the enterprise sector before and after

accession to the EU
In the knowledge-based economy, the competitive advantage is determined by
technologies and skills. In order to maintain it, an enterprise must have appropriate capital, modern technologies, highly qualified staff, act quickly, demonstrate the ability to
acquire and process information, as well as to introduce innovation415.
Between 1998 and 2000, innovative enterprises in Poland accounted for 17.1%.
Between 2002 and 2004, this figure went up to 25.6% and between 2004 and 2006 it dropped slightly to 23.2%. By comparison, in the EU the innovative enterprises accounted on
average for 42% of the total number416. Innovative enterprises were dominated by large
companies. This results from the scope of their business and ability to make considerable
expenditures on innovations417. In the years 20022004, innovations were implemented
by 67% large, 40% medium-sized and 17% small enterprises. On the other hand, between
2004 and 2006 these figures were as follows: 65.5%, 37.4% and 13.9% respectively418.
There are opinions that Poland lacks such a policy (states pro-innovation policy), however, careful observation helps find some positive elements. Reports
are published which prove that there are positive, though not very intensive, trends. Undoubtedly, the adoption of the Act on supporting innovative activities
by the Sejm (Lower House of the Polish Parliament) or including the absorption of EU funds by Poland in the strategic assumptions for the financial perspective
for the years 20072014 of the Innovative Economy Operational Programme deserve a positive opinion. At the same time, the structural instruments of the said
measures, especially at the central level, are malfunctioning. There is no effective institutional support for pro-innovation measures, there is no idea for promotion
and rewarding specific undertakings of businesses in the national market, professor J. Kamierczak, Innowacyjno: uwarunkowania i perspektywy w warunkach
polskich (Innovation: conditions and perspectives in Poland), Department of Fundamentals of Technical Systems, Faculty of Organisation and Management, the
Silesian University of Technology, 2008.
415
J. Kuczewska, Ocena pozyskiwania rodkw pomocowych UE dla polskich przedsibiorstw (Evaluation of the ways to acquire EU aid for Polish enterprises), [in:]
ed. J. Otto, R. Stanisawski, A. Maciaszczyk, Innowacyjno jako czynnik podnoszenia konkurencyjnoci przedsibiorstw i regionw na jednolitym rynku europejskim
(Innovation as a factor increasing the competitiveness of enterprises and regions on the single European market), d 2007.
416
See: B. Marciniec, op.cit., p. 12. Summary research performed by the Central Statistical Office covering the enterprises that employed over 49 people showed
that the number of innovative enterprises in the researched group went up between 2002 and 2006 from 33% to 42%.
417
As far as expenditures on innovation per enterprise are concerned, enterprises dealing with coke production, manufacture of refractory products (PLN 119mln per
enterprise), manufacture of tobacco products (PLN 30 mln per enterprise) make much higher expenditures than manufacturers of office machinery and computers
(PLN 1.1 mln per enterprise) or medical, precision and optical instruments, watches and clocks (PLN 2.2 mln per enterprise). See: B. Marciniec, op.cit., p. 13.
418
A. onierski (ed.), Innowacyjno 2008 (Innovation 2008), PARP (Polish Agency for Enterprise Development) report, Warsaw 2008.
414
187
188
The most innovative enterprises operate in the traditional sectors, such as manufacture of tobacco products (percentage of innovative enterprises 100%), manufacture
of coke, refined petroleum products and nuclear fuel (90%) and manufacture of chemical
products (72%). They are followed by enterprises from the high-tech sector: manufacture of office machinery and computers (67%), manufacture of radio and television equipment (61%) or medical, precision and optical instruments, watches and clocks (57%)419.
Table 1. Innovation indicators for Poland and EU average
European Innovation Scoreboard (EIS)
Innovation inputs
2000
2001
2002
2003
2004
2005
2006
2007
2008
public R&D expenditures (% GDP)
0.45
0.43
0.46
0.43
0.39
0.39
0.38
EU average
0.67
0.69
0.67
0.69
0.65
0.65
0.65
business R&D expenditures (% GDP)
0.25
0.24
0.13
0.16
0.18
0.18
0.18
EU average
1.28
1.30
1.27
1.26
1.20
1.17
S&E graduates per 1000 people

(aged 2029)
5.90
7.4
8.1
9.0
9.4
11.1
EU average
10.26
11.3
11.5
12.2
12.7
12.9
population with tertiary education

per 100 people (aged 2564)
11.73
12.2
13.8
15.6
16.8
17.9
18.7
EU average
21.22
21.5
21.2
21.9
22.8
23.0
9.7
ICT/IT expenditures (EIS 2008)
7.2
7.2
7.2
2.6
EU average
6.4
6.4
6.4
2.7
2003
2004
2005
2006
2007
EPO patents per million population
2.3
2.5
2.7
2.7
4.2
4.2
3.0
EU average
152.7
161.1
133.6
133.6
136.7
128.0
105.7
number of triadic patents per 1

million people
0.3
0.3
0.2
22.3
32.7
20.8
EU rank
2008
2012
Global
rank
EU rank
Innovation outputs
EU average
Economist Intelligence Unit

innovation indices
2003
2007
Global
rank
output index (based on patents)
5.65
48
22
6.14
46
21
innovation inputs
6.21
33
19
6.71
33
19
direct inputs
6.00
35
21
6.63
36
19
innovation environment
6.84
27
14
6.93
33
15
Source: E
IS 2002, 2003, 2004, 2005, 2006, 2007, 2008; A time for new ideas. Innovation in Central Eastern
Europe. A white paper by the Economist Intelligence Unit, June 2008.
419
188
B. Marciniec, op.cit., p. 13.
189
Poland displays a low economy innovation level compared to other EU states,

however the growth rate of the Summary Innovation Index is higher than EU average.
The R&D expenditures, both public and private, are still very low, as are the number of
SMEs introducing own innovation, and intellectual property protection indicators. As
far as the patent protection indicators are concerned (see Table 1), no positive trends
have been observed. As for the number of European and triadic patents granted, Poland
was in one of the bottom-most positions in EU-27. On the other hand, the indicators
reflecting the number of Community trademarks and Community designs improved420.
Poland obtained good results in the area of human resources. The recorded percentage of population with tertiary education was lower than the EU average, but owing
to positive trends recorded in this respect over the last few years, this distance is visibly
decreasing. On the other hand, the number of S&T graduates as well as social studies and
humanities was much higher than the EU average. The increase in the lifelong learning
indicator deserves a very positive opinion. Another indicator which displayed a considerable growth following the accession, was the increase in the number of researchers in
the enterprise sector from 4686.4 people in 2002 to 9344.3 people in 2006. The almost
double increase may be regarded as a sign of a positive change in the attitude of enterprises to the R&D performance and to implementation of new technologies. The increase in
the number of R&D employees is a prerequisite for conducting in-house R&D. It is also
a condition allowing enterprises to cooperate in this respect, as well as to increase their
capacity to transfer technology from other entities421.
The trends related to development of innovation may be analysed in more detail
based on the changes of the following indicators: (1) the share of new and upgraded products sold, (2) the share of high and medium-high technology in products sold and (3) the
value of export of the high and medium-high technology products in total export. The
first of the said indicators in 2004 totalled 8.1% in Poland, whereas the EU-27 average was
7.3%, however in 2006 the value dropped to 4.56% against the EU average of 8.6%422. On
the other hand, the share of high and medium-high technology products in total products
sold went up from 26.6% in 2002 to 31.6% in 2006423, which is all the more important that
the high technology group includes sectors such as aviation, chemical, ICT and automotiIn the case of EPO patent applications, a slight index growth was noted, from 1.5 per 1 mln people in 2001 to 3.0 per 1 mln people in 2005. However, Poland is
still ranked as one of the last states (average in EU-27 105.7). A visible increase was recorded in the case of community trademarks, from 0.2 per 1 mln people in
2001 to 33.2 per 1 mln people in 2007 and community industrial designs from 2.0 per 1 mln people in 2002 to 45.4 per 1 mln people in 2007.
421
B. Marciniec, op.cit., p. 15. M. Starczewska-Krzysztoszek on the other hand stresses the dropping interest of the SMEs in innovation.
422
EIS 2007 and 2008.
423
Nauka i technika na lata 2002 i 2006 (Science and technology for the years 2002 and 2006), the Central Statistical Office.
420
189
190
ve industries. Finally, the share of the medium-high and high technology export in total
export in 2006 was slightly higher than EU average and amounted to 48.9%.
The above indicators show that Polish enterprises manufacture increasingly more
modern products, however their competitiveness is still low. It is also worth remembering
that the dynamic development of the widely understood entrepreneurship, which occurred
over the last dozen or so years in Poland, was related to the fundamental areas and sectors of
the economy, such as trade and simple services. Boosting competitiveness in these sectors is
achieved using the non-technological innovations, which are hard to measure424.
The main incentive which makes Polish enterprises implement innovations is the
competitive pressure and the intent to maintain their market share. However, even such
innovation contributes to an increase in productivity and quality of offered products and
services. Enterprises learn how to manage their own potential better. The benefits would
be higher if the enterprises gradually turning to investing in technological innovations.
Alas, as few as 0.2% of enterprises operating in Poland intend to build a competitive
position offering innovative products and services, whereas 52% of them want to compete with price. What is particularly worrying, is the dropping interest of the SMEs in
innovative performance (new products and technologies launch, introduction of new
organisation and management system). In 2006, over 57% SMEs regarded innovation as
beneficial for the companys development, in 2008 it was over 40% less425.
Despite a generally unoptimistic picture of innovation in Poland, there are areas
of considerable potential for innovation where Poland can be competitive. One of them
is the industrial design which combines creativity with innovation426. The governments of major economic powers show active support for design. In all EU member
states, there are institutions responsible for promoting design and its implementation
systems, many countries developed long term plans of economic mobilisation with the
use of design427. Poland prides on a long tradition in this area, however Polish design is
not widely known outside Poland428. Its development requires support on the central and
regional levels. In this context, including this area in the Innovative Economy Operational Programme is positive. Such support was necessary for the Polish potential to be
B. Marciniec, op.cit., p. 15 and 20.
M. Starczewska-Krzysztoszek, Ranking najbardziej innowacyjnych firm w Polsce (The most innovative Polish companies ranking), Warsaw 2008.
G. Cox (see:) Analiza aplikacji wzornictwa przemysowego w polskich przedsibiorstwach (The analysis of the application of industrial design in Polish enterprises),
report developed by the Institute of Industrial Design for the Ministry of Economy, Warsaw, December 2007.
427
Can Poland be promoted by design?, a conference, Warsaw 2006.
428
See more: B. Bochiska, Design dla wszystkich i na co dzie wysoka jako ycia mieszkacw i zrwnowaony rozwj w regionie Morza Batyckiego dziki stosowaniu wspczesnego wzornictwa (Design for everyone everyday high quality of life and sustainable development in the Baltic Sea region owing to the application of
contemporary design), material prepared by the Institute of Industrial Design upon invitation from UKIE, October 2008.
424
425
426
190
191
fully harnessed. The number of local initiatives for establishing regional design centres is
increasing. The fact that a success can be achieved is best reflected by lski Zamek Sztuki i Przedsibiorczoci (the Silesian Castle of Art and Enterprise) in Cieszyn. The design
centre has been operating since 2005. The investment was financed out of PHARE funds
(EUR 1.7 mln) and national funds (app. EUR 670k). The centre generated new jobs in
the tourist and economic sectors, boosting the attractiveness of the town and region and
increasing their income (e.g. from tourism)429.
actors determining the development of innovation

F
in Poland development of science and human capital
Factors determining the innovative potential of the economy include e.g. investments in the development of knowledge and scientific research, staff capable of applying
new technologies and effective mechanisms of cooperation between science and industry.
Financing innovation, research and development

Framework programmes of the EU
Framework programmes which are aimed at supporting the development of S&T
and promotion of the practical use of research results by enterprises are the largest source of financing R&D at the EU level. The budget of the Seventh Framework Programme (FP7) of the European Community for Research and Technological Development
(20072013) amounts to over EUR 50 bn (it is by 63% higher than the budget of FP6 for
the years 20022006). Community funding has a low share in the total funds allocated to
the R&D in the EU, however funds from the framework programmes are not to replace
funding from budgets of the member states, but to trigger the state involvement in R&D
and to stimulate other sources of funding (leverage effect).
Poland participated in framework programmes already in the pre-accession period (in 1999), when the FP5 was implemented. Since 2004, the Polish participation has
been related directly to the membership of the European Union.
Wzornictwo w Polsce dzisiaj. Wzornictwo przemysowe element wzrostu konkurencyjnoci gospodarki (Design in Poland today. Industrial design an element of
improvement in the competitiveness of the economy), Stowarzyszenie Projektantw Form Przemysowych (the Association of Industrial Designers).
429
191
192
Table 2. Membership of Poland in FP6 Polands results compared to those of EU-25

Indicator
Poland
EU-25
Polands participation
Input into EU budget (in EUR mln)
2 595
110 672
2,34%
Number of teams reported
10 664
322 114
3,31%
Number of teams financed
1 876
74 460
2,52%
Funding for participants (EUR mln)
216
16 682
1,30%
Source: J .A. Siemaszko, Udzia Polski w 6. Programie Ramowym (Participation of Poland in the Sixth Framework Programme), Warsaw, December 2007.
1878 Polish entities participated in FP6 (2.5% of all participants), with Poland
coming 11th among EU-25 member states. The highest success rate in FP6 was recorded
by scientific institutions which submitted few applications. Instytut Matki i Dziecka (The
Institute of Mother and Child) obtained funding for three projects out of three submitted
applications, similarly to the Institute of Theoretical and Applied Informatics of the Polish Academy of Sciences two financed projects out of two submitted applications. For
comparison, the Warsaw University of Technology obtained the funding for 77 projects
out of 365 applications (success rate of 21.6%). As far as funding under the FP6 is concerned, Poland turned out to be the net payer as funding under FP6 accounted for only 2/3 of
the Polish contribution to the EU budget, which was proportionally allocated to FP6430.
For the time being, it is not possible to evaluate the Polish participation in FP7.
Preliminary statistics compared with the results of FP6 indicate that Poland has retained the to-date position in the participation and funding rankings. After the European
Commission published the results of the first 84 contests, Poland ranked 11th taking into
account the number of applications and teams selected for funding, with the success rate
of 19% and 13th in terms of amount of obtained funding. As for projects with Polish coordination, the success rate was 8.2%; to date only 28 such projects out of 341 applications
have been approved for funding431. Overall, projects with Polish teams participating account for 9.15% of the total and the number of research teams from Poland accounts for
1.72% of all teams432.
As the statistical data show, Poland does not make the most of the existing opportunities. Unsatisfactory results of the Polish science sector are rooted in its insuffiJ.A. Siemaszko, Udzia Polski w 6. Programie Ramowym (Participation of Poland in the Sixth Framework Programme), Warsaw, December 2007.
Informacja na temat udziau Polski w 7. Programie Ramowym Wsplnoty Europejskiej w dziedzinie bada, rozwoju technologicznego i demonstracji (dane za lata
20072008) (Information on the Polish participation in the Seventh Framework Programme of the European Community for research, technological development and
demonstration (data for the years 20072008), the Ministry of Science and Higher Education, Warsaw, October 2008.
432
Ibidem.
430
431
192
193
cient competitiveness and costs of team participation in projects under framework programmes. Despite increasing participation, the costs433 generated by projects are lower
in Poland than in the EU-15 states owing to lower remuneration of people employed for
project implementation. In order to improve the results concerning the participation and
funding of the Polish entities in framework programmes, various remedies have been
taken. First, the Polish scientific units were allowed to charge additional remuneration
for participation in international projects which will be covered from EU funds as eligible costs434. Second, principles governing the co-financing of the participation of Polish
entities in European research projects have changed. At present, they can apply for the
coverage of the missing part of eligible costs included in contracts from the budget (up to
60% of total costs of a units participation in the project). Moreover, at the end of 2008
a test module of electronic application submission system was launched, which simplifies the application process and speeds up the evaluation procedure. Third, measures
aimed at encouraging Polish entities to coordinate projects have been undertaken (the
Granty na granty contest under which potential coordinators could, e.g. obtain funds
for preparing a good project application). Fourth, an information and training campaign
was started with the assistance of a network of 65 contact points. Finally, the structure of management in the R&D units and growth of international activity of the Polish
scientific teams should be improved by higher expenditures on science in 2009 and staff
stability (in 2008, elections of new authorities at most universities took place).
Polish enterprises do not fare too well as participants in the framework programmes.
The largest Polish companies, such as Kombinat Grniczo-Hutniczy Miedzi (KGHM Polska
Mied S.A.), Polski Koncern Naftowy Orlen S.A., Grupa Lotos S.A., PGE Energia S.A. i BOT
Grnictwo i Energetyka S.A. (PGE+BOT), Poudniowy Koncern Energetyczny S.A. (PKE),
Telekomunikacja Polska S.A. are not involved in any projects or are involved in just a few
of them. The lack of effective instruments for supporting the industrial involvement in the
R&D activities on the national level is reported as the primary obstacle. Many prosperous
enterprises do not carry out research on new technologies. The initiative to establish Polish
technological platforms is a vital undertaking which is aimed at changing this state of affairs.
However, the effects of such initiatives will be visible after some time only435.
Costs provide grounds to determine the funding obtained by teams from the community budget. They include: (1) costs of material, basically equal for all states
and (2) costs of personnel, which comprise mainly the remuneration of researchers.
434
Informacja na temat udziau Polski w 7. Programie Ramowym Wsplnoty Europejskiej w dziedzinie bada, rozwoju technologicznego i demonstracji (dane za lata
20072008) (Information on the Polish participation in the Seventh Framework Programme of the European Community for research, technological development and
demonstration (data for the years 20072008), the Ministry of Science and Higher Education, Warsaw, 24 October 2008.
435
For more on that topic see: B. Wynikiewicz, Udzia polskich podmiotw w programach ramowych Unii Europejskiej: wnioski dla przegldu budetu UE (Participation of Polish entities in EU framework programmes: conclusions for the EU budget review), Warsaw, December 2007.
433
193
194
Structural funds
Poland is one of the largest beneficiaries of structural and cohesion funds. In the
years 20042006, app. 0.5bn EUR from structural funds were allocated to measures related to the R&D and innovative economy despite the fact that the National Development
Programme did not include a priority concerning the research and development436. Support under the Sectoral Operational Programme Improvement of the Competitiveness
of Enterprises attracted a lot of interest from applicants. The value of submitted applications was almost 4 times as high as the allocation amount for the entire programming
period. Before the end of April, 3.07bn PLN were disbursed under the programme437.
Under the Operational Programme Improvement of the Competitiveness of Enterprises, e.g. projects related to the improvement of the Tivoli software used for management
of IT structure worth 55.4mln PLN, or the creation of a modern laboratory for aviation
industry material research for 25.5mln PLN were carried out.
IROP funds were used to complete the 2nd stage of construction of Audytorium
Maximum (Maximum Hall) at the Jagiellonian University which amounted to 44.9mln
PLN438. Microenterprises which used the support under IROP recorded an increase in
number of employees (86.4%), revenues (61%) and investment expenditures (37.9%)439.
In the EU budget for the years 20072013, 15.6% of cohesion policy funds have
been allocated to measures in the R&D area and for innovation and entrepreneurship. The
most important instrument used to support innovation will be the Operational Programme
Innovative Economy. It is very popular among the beneficiaries440. In 2008, over 2300
applications were submitted, after their evaluation almost 230 contracts for co-funding of
projects were concluded, totalling almost 2bn PLN (over 4.8% of the allocation amount).
It is also indicated that the financial support obtained under the cohesion policy
may help in eliminating financial and organisational weaknesses of Polish R&D facilities
The largest amount was allocated under the Sectoral Operational Programme Improvement of the Competitiveness of Enterprises (SOP ICE), Sectoral
Operational Programme Human Resources (SOP HR) and Integrated Regional Operational Programme (IPOR), co-funded by the European Regional Development Fund and the European Social Fund. See: A. Siemaszko, Europejska Przestrze Badawcza szanse i zagroenia dla Polski (The European Research
Area opportunities and threats for Poland), in: Zielona Ksiga PFSL. Polska wobec redefinicji Strategii Lizboskiej (Green Paper: Poland and the Lisbon Strategy
redefined), WarsawGdask 2005.
437
B. Marciniec, op.cit.
438
Oddziaywanie funduszy strukturalnych i Funduszu Spjnoci na gospodark Polski w okresie 2004 I poowa 2007 (Impact of the structural funds and the Cohesion
Fund on the Polish economy between 2004 and the first half of 2007), the Ministry of Regional Development, Warsaw, February 2008.
439
Analiza wpywu wsparcia udzielonego w ramach Dziaania 3.4 Zintegrowanego Programu Operacyjnego Rozwoju Regionalnego na wzrost konkurencyjnoci: Mikroprzedsibiorstwa (The analysis of the influence of support granted under Measure 3.4 of the Integrated Regional Operational Programme for improvement of competitiveness: microenterprises, quoted after: B. Marciniec, op.cit., p. 32.
440
The following priorities were the most popular: 4. Investments in innovative undertakings and 8. Information society - improvement of innovation and the
following related measures: 4.4 New investments of a high innovation potential allowing to obtain support for investments in innovative technologies and 8.1
Support for business activity in the field of electronic commerce covering the support for micro and small enterprises for development of digital products and
provision of e-services.
436
194
195
as regard development and, as such, will have a positive impact on their participation
in framework programmes (however, the effects will be visible in a few years term).
An additional benefit of the proposed solution is the EU financial support, relieving of
domestic expenditures441.
Despite the demand and said benefits, structural funds were not easily accessible
for entrepreneurs due to complex procedures of application and settlement442.
Allocation of domestic funds to support innovation

In the pre-accession period, the state practically did not support the innovative
activities of enterprises. Considerable funds were allocated to rescue and restructure
enterprises in conventional sectors, such as mining, steelworks or shipbuilding. Polish
accession to the EU was related e.g. with the need to respect the EU principles of public
aid. The ability of the state to support restructuring processes and save unprofitable
enterprises were considerably limited, owing to which more funds could be allocated
to pro-development purposes. In line with the guidelines and principles of the EU, the
funding of innovative activities of enterprises increased, in particular investments in
the SMEs, training and R&D sectors. Hence the public aid granted to Poland gradually
evolved into assistance stimulating the socio-economic development. Beneficial changes were observed also in the structure of the public aid in Poland the value of aid
for horizontal purposes and regional aid increased and the sectoral aid decreased. The
increasing share of subsidies, which are the most transparent form of aid, was also a positive effect443.
Before the accession, business environment institutions were not supported. This
changed only after the accession to the EU. Institutions which contribute to improving
the competitiveness of enterprises started to receive more robust support, e.g.: technology transfer centres, technology incubators and science and technology parks444.
Apart from the above instruments, co-funded by the EU budget, many national
initiatives were launched445.
B. Wynikiewicz, op.cit.
Ibidem, p. 2324.
444
Ibidem, p. 25.
445
The Inicjatywa Technologiczna (Technological Initiative) programme was one of the first ones to reflect EU and global trends. It was developed by the
Ministry of Science and Higher Education to support scientific research carried out by Polish science centres which were directly related to industrial activities
and enterprises, in particular SMEs. See: E. Gwarda-Gruszczyska, D. Trzmielak, [in:] ed. J. Otto, R. Stanisawski, A. Maciaszczyk, Innowacyjno jako czynnik
podnoszenia konkurencyjnoci przedsibiorstw i regionw na jednolitym rynku europejskim (Innovation as a factor increasing the competitiveness of enterprises and
regions on the single European market), d 2007.
441
442
443
195
196
Despite launching many instruments and allocating considerable funds to increase the consumption of foreign capital in the development of enterprises, in particular loans, guarantees and investment capital, the entrepreneurs remained distrustful
towards foreign funding446. When asked about the best sources to finance an investment,
they usually indicated own resources.
Intellectual capital for building an innovative economy

The level of innovation is clearly related to the capacity to generate and apply
new knowledge, and the properly qualified staff constitutes the basis for success for competing enterprises. Difficulties with sourcing such personnel pose a problem for most of
the EU states. It is estimated that Europe needs app. 250 k engineers.
In this context, good results of Poland in the area of education of young people
should be regarded as an asset447. The number of graduates of science and technology, social studies and the humanities per 1000 population aged between 20 and 29 increased in
the years 20012006 from 38 to 53 and is higher than the EU-27 average (40). A similar
trend can be observed in the number of graduates of doctoral studies (aged 2534). In the
years 20012006, the relevant indicator went up from 0.53 to 0.86 which brought Poland
closer to the EU-27 average for 2006, i.e. 1.11.
Entrepreneurs are more frequently reporting, however, that the educational profile in secondary schools and universities does not correspond to the market demand. For
instance, the survey performed by OBOP opinion poll shows that in the Polish market
the deficit of engineers amounts to app. 55k, in two years time this figure will go up to
67k and in five years time it will exceed 76 k448. The main reasons for lack of qualified
specialists include graduates leaving the country (49% of respondents), too little focus
on practical skills at universities (35% of respondents), too few graduates specialised in
areas required by businesses (26% of respondents) and a low number of technical university graduates as technical universities are less popular (19% of respondents)449. Also
the lifelong learning indicator in the group aged 2564 per 100 inhabitants in Poland has
Konkurencyjno sektora MSP 2008 (Competitiveness of the SMEs sector 2008), results of research, M. Starczewska-Krzysztoszek, PKPP Lewiatan, November
2008.
447
European Innovation Scoreboard 2007.
448
Zapotrzebowanie przedsibiorstw na wykwalifikowan kadr inyniersk oraz ocena przygotowania do pracy absolwentw studiw technicznych (Demand of enterprises for qualified engineers and evaluation of technical studies graduates preparation to work), TNS OBOP, December 2007.
449
Ibidem.
446
196
197
been low since 2005 app. 5% (which is slightly above half the average value recorded
in EU-27 in 2006, i.e. 9.7%). This proves low level of updating of knowledge and skills
by people in the labour market450.
In the years 20042006, innovation and international cooperation in the area of
development of human resources was carried out under the SOP-HR and the community
initiative EQUAL. Funds for the period between 2007 and 2013 were allocated under
the Operational Programme Human Capital financed from the European Social Fund.
One of its aims is the alignment of education with the demand of the economy and the
labour market451.
What is more, participation in framework programmes brings about many benefits,
despite criticism related to their efficiency. Apart from the access to funds, it results in improving the quality of the science sector, mobilisation of the Polish research teams in the
transfer of technology, improvement of innovation of Polish economy, boosting the attractiveness of a career in science452. Benefits for the scientific base resulting from participation
in a framework programme include e.g. the mobility of staff, easier and shorter way between
the result of research works and its implementation as well as the opportunity to start cooperation with renowned research centres in many countries. Such cooperation is also beneficial for the transfer of know-how, it facilitates the access to state-of-the-art technologies and
research infrastructure of other countries and helps top build permanent partner relations.
Conclusions
The analysis of innovation indicators and trends recorded after the accession of
Poland to the EU shows that although the level of innovation in Poland is much lower
than the EU average, the annual updates of the EIS show its slight increase. The recorded changes should be interpreted as bolstering the Polish position in the international
innovation arena453.
Over EUR 960 mln were allocated for the implementation of Priority IV of the OP HC for the years 20072013, and for increasing the number of graduates of
university courses of key importance for the knowledge-based economy EUR 370 mln. It is estimated that additional app. 21k students will complete 1st degree
studies. In 2008 a pilot programme was launched under which 47 universities will offer additional places for over 2.3k students and over 1.1k incentive grants
for the best students amounting to PLN 1k each. See: Resort nauki zapowiada zmiany na politechnikach (The Ministry of Science and Higher Education announces
changes in the universities of technology), Gazeta Prawna, 27 October 2008.
452
Informacja na temat bilansu kosztw i korzyci zwizanych z czonkostwem Polski w Unii Europejskiej od 1 maja 2004 r. do 1 maja 2006 r. w obszarach edukacji
inauki (Information on the balance of costs and benefits related to the Polish membership of the EU from 1 May 2004 to 1 May 2006), The Ministry of Education and
Science, Warsaw 2006.
453
450
451
197
198
Membership of the EU should, in a longer term, contribute to a considerable

increase in innovation and competitiveness of Poland. However, this is not a guarantee,
but surely a chance for a quicker development. Poland is able to succeed in catching up
with developed countries of Europe, and not only to receive, but also create innovations.
Unfortunately, unlike the popular stereotype of an entrepreneurial Pole, the Pole the
inventor phrase is not present in the public vocabulary454. Despite difficulties related to
funding, risk connected to implementation of innovation and lack of demand for innovative products and services455, a considerable majority of entrepreneurs realise that in
order to keep their competitiveness as it is or improve it, they must introduce innovative
solutions in the next few years.
As the experience of well-developed countries shows, building competitive advantage based on knowledge and innovation yields good results. If Poland were to stay
beyond the EU structures, the Polish economy and enterprises would have to face the
challenge of building a knowledge-based economy anyway456. But in this case, the process would be more difficult and much longer. In recent years, the impulses for changes
in the Polish system of science, technology and innovation often included the EU initiatives, in particular the Lisbon Strategy. Though to varying degrees, progress can be seen
in all areas related to innovation starting from the legal and financial environment to
the development of intellectual capital. It should be remembered, however, that although any new instruments and solutions aimed at innovation have been introduced in
Poland for a few years now, their effects and impact on competitiveness of the economy
will be shown only after some time.
It is important that Poland make good use of the opportunities of the accession
to the EU. This relates in particular to funds from the EU budget and the broadly understood cooperation. Poland allocates considerable amounts from structural funds to the
implementation of the Lisbon Strategy, including the development of innovation. The
projects carried out thus far improved the innovation of individual enterprises, however
did not yield any noticeable effects looking at the entire economy. Hence, it would be
advisable to focus the future support on projects that demonstrate the highest added
Spoeczne determinanty przedsibiorczoci innowacyjnej (Social determinants of innovative entrepreneurship), report drawn for PARP by Pentor Research International, Warsaw 2007.
455
The demand for innovative products and services in Polish economy is a real problem and a significant barrier to innovative undertakings. Consumers still
believe innovation to be a luxury and treat innovative products and services as such they start showing interest in them only if they have quite high and stable
income in their households, M. Starczewska-Krzystoszek, op.cit.
456
This is the more justified, that according to projections of economic development of Poland by 2013 the to-date sources of development related to low labour
costs, cheap resources or beneficial geographical location will be gradually used up. See: Kierunki zwikszania innowacyjnoci gospodarki na lata 20072013 (Directions for improving innovation of the economy for the years 20072013), the Ministry of Economy, Warsaw, August 2006.
454
198
199
value for both the enterprises and the economy, for instance by priority financing of
cooperation projects of enterprises, e.g. cooperation networks, enterprise groups or clusters. It is also worth considering the concentration of outlays on specific technologies
which may become driving forces for new sectors of the economy. When specifying the
technological areas of strategic importance, one has to take into account major challenges that lay ahead of a modern society. In the case of Poland, in the next few years these
strategic areas will definitely include technologies related to energy security, counteracting climate change and ageing population457.
The long term and multi-stage process of integration with the EU is related to
opportunities and challenges. On the one hand, Polish enterprises can sell products and
provide services in the entire EU, on the other, there is the imminent threat of the exodus
of qualified staff to states offering better career opportunities458. Regardless of that, integration of Polish economy into the single market is the only way to fully use the innovative potential of Poland and counteract the threats resulting from global competition459.
457
458
459

In this case, one of the significant benefits of improvement of innovation of the economy should be pointed out, namely reduction of brain drain.
Ibidem, p. 38.
199
200
Financial flows
Financial flows between the European Union (EU) and Poland represent one of
the easiest-to-measure effects of Polish membership. It was exactly the opportunity to
utilise incoming financial transfers under the Common Agricultural Policy (CAP) and
cohesion policy following Polands accession to the European Union that was brought
up as one of key benefits of accession. When assessing costs and benefits of membership,
it is relatively easiest to demonstrate financial effects expressed in amounts of financial
transfers.
The obtainment of the being the so-called net beneficiary was one of Polands
key objectives in the course of accession negotiations. This was due to the candidate
countries worries that the value of incoming transfers from the EU would not offset the
amount of the contribution paid by them to the EU budget. Therefore, one of Polands
primary pursuits was to obtain the position of a net recipient from the first year of accession460. This was to be facilitated by a five-year transition period of gradual arrival at
the full amount of the national contribution and a reduction in financing of the so-called
UK rebate461. On the other hand, EU-15 feared a marked increase in their contributions
to the EU budget after the enlargement. Finally, under the compromise reached, a marked increase in EU liabilities towards the new member states was reduced, while at the
same time special instruments were launched preventing the new member states from
coming, on balance, at a loss as a result of integration462.
It should be borne in mind, however, that statistics on financial flows effected between the EU and Poland presented below might not, in many cases, be consistent with
Quote from: Stanowiska Polski w ramach negocjacji o czonkostwo RP w UE, KPRM, Warszawa, February 2000 r., p. 377.
In a simple picture, the UK is authorised to be reimbursed with 66% of the difference between its annual contribution to the EU budget and the total of funds
received by it from the EU. The cost of its financing is shouldered by the remaining member states in proportion to their Gross National Income. Since 2001,
certain net contributors (Germany, Netherlands, Austria and Sweden) have been eligible for a reduction in the contribution paid to cover the UK rebate down to
25% of the original amount paid by those countries. As a result, a greater burden of UK rebate financing was transferred onto the remaining 22 member states (in
proportion to their GNI). Cf. Budet Unii Europejskiej, Office of the Committee for European Integration, Warsaw 2008.
462
At least in terms of financial flows between national budgets and the EU.
460
461
200
201
the statistics presented in other chapters of this report. The reasons for this are multifold.
First, the financial flows as presented here do not take into account the division into financial perspectives for the years 20002006 and for 20072013. This is because Polish
contribution to the EU budget depends only indirectly on the caps specified in the financial perspective. Further, funds transferred by the European Commission (EC) to Poland
were treaty solely as fiscal streams, related to all objectives and programmes, irrespective
of their programming period, even less so implementation. Second, this chapter only considers transfers actually effected, rather than funds specified as caps and national allocations, or projects contracted or completed, but not yet settled463. Third, financial flows
quoted below are expressed in Euros464 (the currency for settlements between Poland and
the EU) and cover the period from 1 May 2004 to 31 December 2008465. This means that
the actual balance of transfers in PLN may differ, depending on the exchange rate466.
Contributions to the EU budget467

The European Union budget is financed from the so-called own resources of the
European Union. Since 1 May 2004, Poland has been participating in the financing of
all EU expenditures in every calendar year. The system relies on contributions paid by
member states in favour of the EU budget. The system of own resources comprises member states contributionson468:
l
traditional own resources (TOR) that is customs duties collected on behalf of
the European Union, agricultural duties and sugar levies469;
l
VAT rate-based contributions470 and
l
resource based on a share of the Gross National Income (GNI)471.
Cohesion policy may serve as an example here. When reporting the utilisation rate of cohesion funds, the value of project delivery contracts signed, or commenced, or completed, may be given, which does not necessarily mean that the funds have actually been transferred.
464
Only when presenting data on Local or Regional Authorities of Poland, figures in Polish zlotys will be provided since LRA budgets are settled in PLN.
465
Unless otherwise indicated.
466
This is the case with e.g. direct payments which, under pre-financing from the national budget, are paid out to farmers already from December of a given year,
while the EC transfers the amount in Euros only in the spring of the following year. As a result of the difference between the exchange rate as adopted by Poland
and its actual value, there may be certain differences as to the actual flows on the day of the transfer. This applies, however, not only to direct payments to farmers,
but also to SAPARD and advances under the cohesion policy.
467
For the system of own funds, cf. Budet Unii Europejskiej, op.cit. and rodki wasne UE. Podrcznik procedur i struktur administracyjnych, Ministry of Finance,
Warszawa, October 2007.
468
Also referred to as national contributions.
469
75% of the collected amount. Member states keep 25% of the value of these as compensation for the collection cost. Sugar levies were also imposed on sugar
and isoglucose manufacturers under the common organisation of the sugar market. TOR (Traditional Own Resources).
470
Based on the theoretical, harmonised VAT base. Member States contribute up to 0.3% of the base, which may not however exceed 50% of a given states GNI.
471
Each member states contributes funds in proportion to their share in the EUs GNI.
463
201
202
The latter component, although of complementary nature among EU expenditures and revenue from TOR and VAT, has the highest share among EU budget revenue
types. There is also an additional source of income for the EU budget, referred to as
other, comprising interest on loans to third countries, taxes from EU staff, etc. It is not
however classified under revenue contributed by member states, and its share in the EU
budget financing is negligible.
Polish contributions to the EU budget (transferred to the European Commissions account) fall into two primary categories. The first is composed of revenue on customs duties, agricultural duties and sugar levies, collected by Polish tax
authorities. The Ministry of Finance, relying on monthly reports on the amount of
revenue from these sources, transfers 75% of the total as Polish contribution to
the Community budget. The amount of this contribution primarily depends on how
much was collected in customs duties by Polish customs authorities, and transfers
are effected on a monthly basis472.
The other, and a more substantial category of transfers is composed of VAT revenue and share of GNI. These contributions are made on the first working day of each
month, twelve times a year473.
The general principle of EU budget financing stipulates that the monthly contribution of each member states should be equivalent to 1/12 of the annual contribution determined for that state in the EU budget. However, the EC is entitled to request
member states to contribute in the first quarter of a given year the equivalent of 5/12
of the annual contribution. If this is the case, subsequent contributions are reduced accordingly, in order to reach the level of 1/12 a month annually474. In reality, Poland
paid the biggest monthly contributions in annual terms in January 2005, as well as in
February 2006, 2007 and 2008. What is more, as a result of the ECs request to increase
the contribution in January 2005 and February 2006, Poland showed a negative balance
of financial flows475.
Budet Unii Europejskiej, op.cit., p. 11.

Ibid.
474
Ibid.
475
On the basis of the data of the European Union Department, Ministry of Finance.
472
473
202
203
S tructure of Polish contributions to the EU budget and its

change over time
Poland was required to pay the full contribution to the EU budget from day one
of its membership. However, for 2004, considering the fact that the accession to the EU
took place in May, Poland paid a contribution reduced to the equivalent of eight months
membership. In the following years, Poland paid full annual contribution (details of the
amounts of transfers to accounts of the European Commission in individual years are
presented in Table 1).
Table 1. Summary of Polish contributions to the EU budget in the years 2004-2009
Contributions in EUR k
of which under:
GNI476
VAT
TOR
2004
1 318 980
1 048 537
178 115
92 329
2005
2 379 385
1 751 508
359 033
268 843
2006
2 552 450
1 859 314
418 377
274 759
2007
2 779 298
1 937 863
506 468
334 968
2008
3 402 108
2 413 187
551 392
437 530
3 611 441
2 515 093
620 347
476 000
16 043 661
11 426 630
2 732 602
2009
477
TOTAL
1 884 429
Source: European Union Department, Ministry of Finance and EU budget for 2009.
476477
The largest growth in Polish contribution in percentage terms took place in 2005,
totalling over 80%. We should however bear in mind that the 2004 contribution applied
only to the period after 1 May. If we take this fact into account, the largest growth was
in 2008, when the contribution equalled 122% of the 2007 contribution478. In general
terms, Polish annual contributions to the EU budget from 2004 (full annual contribution) to 2008 increased by 82%. What is more, the Polish contribution in 2005 represented a mere 1.99% of the contributions of all member states combined, in 2007 totalled
2.4% and in the current year (2009) it will come to 3.1% of the contributions of 27
476
477
478
Under GNI, Table 1 shows combined contributions being a share of GNI, interest and contribution to the UK rebate.
Expected Polish contribution on the basis of the EU budget for 2009. See: http://eur-lex.europa.eu/budget/data/LBL2009_VOL1/EN/Vol1.pdf (as at 26 January 2009).
This primarily resulted from a markedly higher economic growth rate in Poland as compared with the entire EU.
203
204
Member States. The EU budget for 2008479 provides that the new member states financed
7.6% of the EU expenditures. The Polish contribution represented over 35% of the total
contribution of EU-12 states.
The primary reason behind the share of Polish financing of the Community
expenses growing faster than the EU average was high growth of Polish GNI and the
strengthening of Zloty at the expense of EUR, observed until the second half of 2008.
Chart 1. Share of individual components of the Polish contribution to the EU budget
4 000.0
3 500.0
in EUR mln
3 000.0
2 500.0
TOR
2 000.0
VAT
1 500.0
1 000.0
GNI
500.0
0.0
2004
2005
2006
2007
2008
2009
year of membership
Source: O
wn work based on details submitted by the European Union Department, Ministry of Finance and
EU Budget for 2009.
A closer look at the structure of Polish contributions reveals an interesting balance between shares of their individual components. In 20042008, the share of GNI
component ranged from 70 to 74% (71% on average), VAT contributions ranged from 15
to 21% (17% on average), whereas TOR contribution from 7 to 13% (12% on average).
The resultant structure of contributions, more or less similar for all member states is
a case for treating national contributions to the EU budget as payments of individual
countries480. It allows us to calculate, in a relatively easy manner, the net position of
each member state, which is a factor causing EU policies to be perceived only from the
perspective of fiscal obligations and benefits.
EU budget for 2008.
It is not a foregone conclusion which components of national contributions should be considered when calculating net positions. The biggest controversy
surrounds the customs duties and levies contribution. Under the EU treaties, it represents EU income. Nevertheless, member states usually treat is as national
contribution.
479
480
204
205
Funds received from the EU budget481 and their structure

Poland receives funds from the EU in a much more complex way than that existing for its contributions. The group of most regular transfers includes direct payments
to farmers. As a result of these transfers being certain, member states start to effect payments in favour of farmers under prefinancing already in December of the preceding
year. In turn, the European Commission makes the relevant payments usually in the
period FebruaryApril of the following year. The one-off payment of such substantial
funds by the EC in favour of all 27 member states requires significant amounts of cash to
be collected. This is exactly the reason why the EC, in the first calendar quarter of the
year, may request the payment of up to 5/12, rather than 3/12, of the annual contribution, then proportionately reduced in the following months.
The second group of flows are transfers related to the cohesion policy. At least
once every quarter, and in practice much more often, applications for payment are
collected from Managing Authorities482 and passed on to the EC. The Commission
makes the relevant transfers more or less after 2 weeks from the application submission date. Outside this procedure, both after Polands accession to the EU and the
commencement of the new financial perspective for the years 20072013, Poland has
received advances for structural projects. It is a unique form of transfers, made only
to improve the spending of the funds at the beginning of the seven-year programming period.
The third group of flows is composed of funds which are not transferred to the
account of the Ministry of Finance, but directly to final beneficiaries. They come from
the implementation of such programmes as Youth in Action, Erasmus-Mundus, 7th Framework Programme and other.
Next to those mentioned above, Poland also received funds under such instruments as the Cash Flow Facility and Schengen Facility (in 20042006) and by the second
quarter of 2008, pre-accession funds483.
Cf. Budet Unii Europejskiej, op.cit., p. 11.

Managing Authority coordinates and manages the implementation of EU funds in Poland. For instance, the Managing Authority for the Cohesion Fund is the
Ministry of Regional Development. Its duties include interaction with the EC, drafting strategies for the utilisation of financial resources from the fund and its
oversight, submission of funding applications to the EC, project monitoring and other.
483
Transfers to reimburse expenses under pre-accession funds were still being settled long after the accession to the European Union. For SAPARD programme, it
was May 2008, and April 2007 for PHARE programme.
481
482
205
206
Also, at any point in time depending on the situation in agricultural markets, the
EC transferred funds under the so-called market measures in agriculture, which, in the
listings below, are covered as funds for CAP objectives.
Chart 2. Share of individual streams of funds from the EU budget to Poland in the period
1 May 2004 2008
Cash Flow
Facility
Transition
6%
Facility
<1%
Direct
transfers
2%
Schengen
Facility
1%
PHARE
3%
SAPARD
2%
CAP
32%
Cohesion
54%
Source: O
wn work based on data from the European Union Department and Regional Policy and Agriculture Department, Ministry of Finance.
Since the accession, Poland has received the greatest share of all funds to
finance actions related to the cohesion policy, in particular under structural funds
(Chart 3 and Table 2). The available statistics demonstrate that still in 2005, Poland
received only 2.4% of all EU transfers related to the cohesion policy, while the index
rose to 11.4% in 2007. When comparing this figure to 24.4% which is what all new
member states received, it transpires that in 2007 Poland absorbed 46.8% of funds
spent in our region. It is estimated that the shares of EU-12 and EU-15 in structural
funds towards the end of the financial perspective for the years 20072013 will balance out (50% vs. 50%)484.
An important category of financial flows are also funds under the Common Agricultural Policy, being at the same time the second-largest heading in the EU budget. It is
estimated that EU-12 will receive, under CAP, the total of 14% of all funds allocated to
direct payments to farmers, and 42% of funds for rural development towards the end of
484
206
Authors own calculations based on: EU Budget 2007 Financial Report, European Commission, 2008, p. 7778.
207
the financial perspective for the years 20072013485. In 2007, Poland received 5.8% of the
11.6% assigned to EU-12 under CAP486. It should also be stated that the income of Polish
farmers from 2004 onwards has been supported by over EUR 3.5 bn coming solely from
the EU budget (without direct payments made from December 2008 and complementary
national direct payments CNDP).
Table 2. Summary of EU funds coming to Poland in thousand EUR after 1 May 2004487
from May
2004
2005
209 178
840 975
ESF489
ERDF490
POLICY/HEADING
2006
2007
2008
229 083
520 761
1 292 208
1 671 658
3 922 888
775 490
1 624 940
3 448 258
3 498 095
10 187 757
204 244
174 632
301 015
922 133
753 869
2 355 893
497 279
431 394
992 494
2 179 697
2 394 812
6 495 676
FIFG491
20 183
32 416
38 985
111 550
203 134
EAGGF492
119 269
137 048
292 446
346 428
237 863
1 133 055
ISPA/Cohesion Fund
488
Other
CAP
of which:
COHESION
Structural funds
TOTAL
SUBTOTAL
1 050 153
1 004 573
2 145 701
4 740 465
5 169 753
14 110 645
Direct payments
702 685
811 581
935 102
1 037 601
3 486 969
RDP493
286 640
662 101
932 868
1 767 574
846 533
4 495 716
Market measures
10 786
165 722
181 896
62 431
134 629
555 464
Other agricultural transfers
11 574
11 101
5 263
12 398
40 336
SUBTOTAL
297 426
1 542 082
1 937 446
2 770 370
2 031 161
8 578 485
Direct transfers494
53 365
72 968
100 204
77 342
143 981495
447 860
Transition Facility
10 345
25 561
33 730
16 762
86 398
Cash Flow Facility
429 009
612 044
514 293
1 555 346
Schengen Facility
103 352
103 858
106 664
313 875
PHARE
364 746
333 107
222 280
856
920 990
SAPARD
118 293
339 077
12
34 716
492 099
2 416 344
4 018 055
5 052 162
7 622 763
7 396 372
26 505 697
TOTAL
Source: O
wn work based on data from the European Union Department and Regional Policy and Agriculture Department, Ministry of Finance.488489490491492493494495
Which results from the procedure of phasing-in to the full amount of direct payments. Quote from: Five years of an enlarged EU. Economic achievements and
challenges, European Commission, 2009, p. 197.
486
EU Budget 2007..., op.cit.
487
As at 31 December 2008.
488
Pre-accession ISPA fund is itemised jointly with the Cohesion Fund, owing to the inclusion of ISPA projects and financial envelope into the Cohesion Fund
on 1 May 2004.
489
European Social Fund.
490
European Regional Development Fund.
491
Financial Instrument for Fisheries Guidance.
492
European Agricultural Guidance and Guarantee Fund (changes after the separation of guidance and guarantee sections in 2007 incorporated)
493
In the case of Table 2, RDP should be construed as both the Rural Development Plan for the years 20042006 and the Rural Development Programme for the
years 20072013.
494
Direct transfers are construed as transfers of funds directly to beneficiaries, without the account of the Ministry of Finance acting as intermediary classified
above as the third group of transfers. These are e.g. ministries, research and scientific institutions, universities, government foundations.
495
Together with the transfer of EUR 4 477k under the European Return Fund, External Borders Fund, European Refugee Fund and the European Fund for the
Integration of third-country Nationals.
485
207
208
When combining cohesion funds with rural development funds, it can be stated
that over 70% of Community assistance for Poland from 1 May 2004 was spent on development actions. On top of this amount comes funding under pre-accession PHARE and
SAPARD programmes496, which impacted the economy also after 2004.
Since the accession, the structure of funds received by Poland from the EU has
changed (chart 3). Initially, the total was made up of a large number of instruments
and programmes. In recent years, the number of funding sources has been limited to
two key ones. For instance, in the years 20042006, of significant importance were
flows under the Cash Flow Facility, Schengen Instrument, as well as those under the
Transition Facility497. Not without their importance were also payments of liabilities
incurred prior to the accession under PHARE and SAPARD programmes. 2007 was the
year of breakthrough, as it saw the cohesion and Common Agricultural Policy funds
becoming the key sources of incoming funding. In 2008, cohesion funds obtained by
Poland were twice as high as all payments in 2004 and were approximately equal to all
incoming transfers in 2006.
Chart 3. Share of incoming funds from the EU budget to Poland in the period 1 May 2004 2008
6000
5000
EUR
4000
3000
2000
1000
0
2004
Cohesion
2005
CAP
Dir. Trans.
2006
Tr. Facility
Cash Fl Inst.
2007
Schengen Instr.
2008
PHARE
SAPARD
Source: O
Flows related to PHARE and SAPARD funds referred to in this chapter only apply to transfers after 1 May 2004.
So-called transition facility, being a continuation of the accession-related support. The fundamental role of these funds was to prepare the Polish administrative
and legal system for the accession.
496
497
208
209
The above table shows the changes in amounts of funds coming from the EU
budget to Poland. According to the table, the total of funds received by Poland showed
the most robust growth in 2005 (vs. 2004). This is because the accession took place in
May, rather than January 2004. Considering that the funds received in 2004 represent
only 8/12 of the theoretical 2004 contribution, the figures are as follows: 10.9% in 2005,
25.7% in 2006, 50.9% in 2007 and 3% in 2008498.
The inflow of the pre-accession funds and those under the Schengen Facility,
Cash Flow Facility and Transition Facility, owing to their transitional nature, was
reduced. At the same time, funds to be spent on the Common Agricultural Policy
were increasing in amounts, the growth rate being at its peak in 2005, when an almost
400% growth was recorded (nearly 250% with the projection) vs. 2004499. Cohesions
funds in 2006 and 2007 were also marked by an extremely sharp growth rate of over
110%. These years saw an increased spending of funds under the Financial Perspective for 20042006.
We need to remember that financial flows, especially those involving cohesion
and rural development funds, are in vast majority reimbursements of costs already incurred. They are essentially transfers to cover liabilities incurred in previous years. 2008 saw
the utilisation of EU funds dwindling for two main reasons. First, we need to remember
that this was a period of a switch-over to the new financial perspective. Member States were able to use structural funds from the previous perspective 20042006 up until
2009. On the other hand, funds under the New Financial Perspective (NFP for the years
20072013) are usually first launched as advances (2007 and 2008) for the first competitions to start, and real transfers are to be expected not before 2009. The second reason
for a slower growth of incoming transfers were delays resulting from a late completion
of financial negotiations on the NFP 20072013. As a result of this, new regulations also
came delayed, similarly to the approval and implementation of Operational Programmes
and the list of so-called major projects. The case for all European Union states is similar.
The evidence is the comparison of EU budgets for the years 2008 and 2009 in terms of
payment appropriations (that is funds to be transferred to national accounts). Their total
was in 2009 lower than in 2008, although the budget in terms of commitments (i.e. funds
to be contracted) was higher500.
498
499
500
Incoming transfers in 2004 were projected over the entire year, by multiplying the funds actually received by 12/8.
This resulted primarily from the transfer of 2004 direct payments funds only in 2005.
Cf. http://ec.europa.eu/budget/library/publications/budget_in_fig/syntchif_2009_pl.pdf, total payment appropriations, s. 7 (as at 17 February 2009).
209
210
Net position
Net position is the balance of financial flows between the national budget and
the budget of the European Union. Constituents of this operation are contributions to the
EU budget and returns of funds received from the EU as well as funds obtained by Poland
from the EU. There are also terms such as net payer, denoting those member states whose balance of flows is negative (i.e. they pay more to the EU budget than they receive from
it), and net beneficient, denoting states with a positive balance of the flows. Poland, similarly to other new member states and some EU-15 states, is a net beneficient of the EU
budget. The biggest net payers are Germany, the UK, Holland, France and Italy. They are
those who carry the most of the burden of financing development actions in beneficiary
states. We should however remember that the division is not once and for all, but rather
depends first and foremost on the level of economic development in a given country501.
However, flows between the budgets alone are only a small portion of costs and
benefits of the accession502. There are several other types of financial flows outside the
EU budget, but resulting purely from Polands accession to the EU.
Table 3. Balance of financial flows between Poland and the EU from 1 May 2004 to 2008,
thousand EUR
FLOW
from May 2004
2005
2006
2007
2008
TOTAL
Funds received
2 416 344
4 018 055
5 052 162
7 622 763
7 396 372
26 505 697
Returns to EU
22 969
4 046
45 064
7 826
79 906
Contribution to
EU budget
1 318 980
2 379 385
2 552 450
2 779 298
3 402 108
12 432 221
BALANCE
1 097 364
1 615 701
2 495 666
4 798 401
3 986 438
13 993 570
Source: O
A closer look at the constituents of net positions itemised in Table 3 leads to the
following conclusions:
It is therefore possible than in the future Poland will also be a net payer to the Community budget. This is however not expected to happen before 2020.
There are significantly more costs and benefits experienced by national budgets, but enterprises, employees and consumers also experience them. Cf. J. Pietras,
Przyszo budetu UE. W poszukiwaniu spjnoci celw, polityk i finansw unijnych, Warsaw 2008, p. 2731 and J. Pietras, European Value Addes and EU Budget,
presentation at the conference Reforming the Budget. Changing the Europe, Brussels, 12 November 2008 r., slide 4, (available at: http://ec.europa.eu/budget/reform/library/conference/session4_pietras.pdf (as at 23 February 2009).
501
502
210
211
During Polands five-year presence in the EU, Polish contribution has been consistently rising, reaching nearly EUR 3.5bn a year, and, according to the 2009
budget plan, it should exceed this figure. However, the growth in contribution in
2009 vs. 2008 is not as significant as that two or three years ago. It resulted from
two primary reasons: faster economic development of Poland as compared to the
EU average and substantial strengthening of the Zloty in 2008. The second factor
resulted in an exchange rate-driven growth of Polish GDP in Zlotys, when compared against other countries GDPs in Euros. We should remember that the Polish
2009 contributions were calculated still before the financial crisis. As a result, it
may turn out that, after the 2009 budget is adjusted, they will be reduced, owing to
a slower economic growth and depreciation of the Zloty that began in late 2008.
l
Return of funds previously received by Poland to the EU budget is rather irregular, but its total did not exceed 0.6% of the assistance received. Returns usually
take place when irregularities in spending Community funding are detected, and
the EC demands that those funds be returned.
Funds obtained by Poland have been systematically rising. 2008 was an exception,
recording a nearly 3% drop vs. the previous year. As explained in the subchapter on funds
received, this resulted from the entry into effect of the New Financial Perspectives (NFP).
All the above constituents of Polands net position are presented in a graphical
form in chart 4. Columns in the negative section show the flow of funds to the EU budget, and the last column of a given year shows the balance of flows as at 31 December.
Chart 4. The balance of financial flows PLUE from 1 May 2004 to 31 December 2008
10 000
8 000
EUR mln
6 000
4 000
2 000
0
2 000
2004
2005
2006
2007
2008
4 000
Transfers to PL
Nat. contr. and returns to EU
Bal.
Source: O
211
212
Other transfers
Polands integration into the European Union in the financial dimension is not
limited to flows of funds between the budgets of Poland and the EU. On the day of the
accession, Poland committed itself to paying its national contribution also to the various
EU institutions. At the same time, it was given the opportunity to use the funds of those
instruments and institutions. The list of non-budget contributions and funds involving
Poland includes:
1.
European Economic Area Financial Mechanism (EEA FM) and the Norwegian
Financial Mechanism (NFM). Acceding to the European Union, Poland also acceded to the European Economic Area (EEA). In 2003, the above instruments
were established to support less affluent EEA countries and their donors, that
is Norway, Iceland, Liechtenstein supported Poland with EUR 20.4mln by the
end of December 2007, and a further EUR 70.2mln in 2008, totalling some 17%
of EUR 533.51mln allocated for the years 20042011503. Support under EEA FM
and NFM is a form of compensation for the benefits enjoyed by those EEA countries which are not EU members, resulting from the accession of new states to the
EEA. Currently, talks are being held on the amount of allocation under EEA FM
and NFM in subsequent years.
2.
Similarly to EEA FM and NFM, the Swiss Financial Instrument (SFI) was established in order to support economically the new member states. In 2006, Switzerland assigned EUR 645mln for the years 20082012 to the new member states.
Poland plans to launch the first funds under the instrument in 2009. Approx.
EUR 311mln are available to Poland.
3.
The European Investment Bank (EIB) is an institution established by the Treaties
of Rome, with a separate legal personality. EIB does not seek profit, and therefore
offers to its members (EU member states and associated countries) low-interest
loans to finance investment projects related to structural assistance and other EU
financial instruments. The total of funds coming from the EU and EIB combined
may not exceed 90% of the investment cost. Polish entities started to use lowinterest EIB loans already in 1991. Between that year and end of 2008, Poland
received over EUR 17.7bn in such loans.
503
212
In the case of the so-called block grants, the funds can be used by 2012.
213
Table 4. Loans provided to Polish entities by EIB in 1991, thousand EUR

Borrower
Total loans
Government of Poland
5 782 000
Loans with a State Treasury security504
4 455 000
Local and regional governments
868 740
Financial sector
2 727 140
Private sector
3 894 540
TOTAL
17 727 420
Source: Foreign Department, Ministry of Finance.
504
However, it was not until Polands accession to the EU that the country paid its
contribution to the EIB capital. The contribution is divided into 8 equal instalments,
paid by Poland in accordance with the schedule presented in Table 5, totalling EUR
601.6mln. The total value of EIB capital in 2007 amounted to over EUR 164.8bn. The
Polish contribution was calculated on the basis of GNI and number of residents. We
need to remember that EUR 601mln paid from the national budget enabled Polish entities to use investment loans on very good terms also in the subsequent years. Also, Polish
entities could participate in such initiatives as: Jaspers (EC and EIB initiative) offering
support to structural projects, Jeremie (EC and EIB Group (EIB and the European Investment Fund) initiative to support micro, small and medium enterprises, and Jessica
(initiative of the EC and EIB) to support investment in urban development.
Table 5. Dates and amounts of Polish contributions to EIB capital
Date of payment
Amount in thousand EUR
2004
September
75 201
2005
September
75 201
2006
September
75 201
2007
2008
2009
March
75 201
September
75 201
March
75 201
September
75 201
March505
Total
75 201
601 608
Source: Foreign Department, Ministry of Finance.505

504
505
Loans taken out by state or private entities, with security on repayment furnished by the State Treasury.
When the report was drafted, the last payment for 2009 was planned to be made on 31 March 2009.
213
214
4.
5.
The European Central Bank is the core of the Eurosystem, that is ECB and the
European System of Central Banks of those countries that have not yet adopted
the common currency. Acceding to the EU, Poland decided to take a share in
ECBs subscribed capital. The relevant payment was made on the first business
day after 1 May 2004. It totalled 7% of the capital, that is EUR 20.014mln. When
Bulgaria and Romania joined the EU in 2007, the Polish share decreased, with
the simultaneous reimbursement of EUR 0.356mln. On 1 January 2009, Poland
paid to the ECB a contribution of EUR 83k following revaluation of its share in
subscribed capital. As a non-member of the Eurozone, Poland did not receive its
share of profits generated by the ECB506.
The Research Fund for Coal and Steel (RFCS) Poland committed itself to pay
EUR 92.46mln in accession fee. Individual contributions (shown in Table 6)
were paid from 2006, representing respectively 15%, 20%, 30% and 35% of the
Polish contribution.
Table 6. Polish contributions to the Research Fund for Coal and Steel
Years
Amount in EUR k
2006
13 869
2007
18 492
2008
27 738
2009
25 726507
Total
85 825
Source: Budget and Finance Department, Ministry of Economy.507
6.
olands participation in RFCS enabled Poland to use funds assigned to the deveP
lopment of research in the coal and steel sector. Based on the available statistics,
from 2004 to July 2007, Polish research entities contracted research projects, receiving EUR 52.7mln in total contribution from the fund.
The European Development Fund (EDF) is the primary instrument for financing
EU development aid to countries of Africa, the Caribbean and the Pacific (ACP).
Currently, under the Cotonou Agreement, the tenth EDF for the years 20082013
provides the overall budget of EUR 22,682mln. Poland is a regular contributor to
Statistics come from the Operations and Accounts Department of the National Bank of Poland.
When the report was drafted, the Ministry of Economy transferred a partial contribution for 2009 owing to a substantial appreciation of the zloty at the turn of
2009. The Ministry of the Economy, when it receives funds from the Minister of Finance, should immediately pay the outstanding amount.
506
507
214
215
EDF, with its share in the tenth EDF at EUR 295mln508. It is expected that Poland
will be asked to make the first payments in 2010 or 2011509.
tilisation of EU funds and level of debt of local and

U
regional authorities510
The absorption of EU funds requires the allocation of appropriate funding to cofinance EU projects. Many entities (including Local and Regional Authorities, LRA) used
loans to meet the requirement. The resultant risk is that the level of debt of Polish LRAs
may rise excessively.
When analysing the statistics in Table 7, we should underscore that the LRA debt
level dropped from late 90s of the previous century to 2006, increasing (in 2006) slightly,
only to drop to 3.7% in 2007. We may conclude that EU funds coming to LRA budgets
in Poland slowed down the debt level growth at Polish LRAs. What is more, starting
from 2006, the share of LRA debt for the implementation of EU programmes and projects
fluctuated around 10% of total LRA debt. Following the accession of Poland to the EU,
the overall debt level to total revenue also stabilised (in Table 7, ODL/TR) as EU funds
could be classified as LRA revenue.
Table 7. Aggregated LRA debt in Poland, in 19992008, thousand PLN
YEAR
1999
2000
2001
2002
2003
2004
2005
2006
2007
2008511
Total aggregated debt
6 187
9 377
12 266
15 358
17 277
19 105
21 181
24 949
25 876
24 003
change
no data
51,6%
30,8%
25,2%
12,5%
10,6%
10,9%
17,8%
3,7%
7,2%
ODL/TR
9,5%
12,9%
15,4%
19,2%
21,8%
20,9%
20,6%
21,3%
19,7%
no data
2 515
2 375
2 137
5,6%
10,0%
including aggregated
debt related to EU
programmes
and projects
change
no data no data no data no data no data no data no data
no data no data no data no data no data no data no data no data
Source: Local and Regional Authorities Finance Department, Ministry of Finance.511

Poland committed itself to pay contributions to the EDF starting from its tenth cycle. Its share was determined at 1.3%, which totals 1.3% EUR 22 682mln = EUR
294.87mln. Cf. Proposal on the New Financial Perspective, Annex II, p. 34, http://ue.eu.int/ueDocs/cms_Data/docs/pressdata/en/misc/87677.pdf (as at 2 March 2009).
509
At present, Poland does not finance EDF, as unused funds were reallocated from the 9th EDF and due to the preliminary stage at which the implementation of
the 10th EDF is.
510
Since the statistics in this subchapter come from annual budget reports of LRA, the figures are in PLN.
511
Q3 2008 data.
508
215
216
LRA expenditures under main headings of Polish LRAs budgets in the years
20042007 are presented in Table 8. It shows that funds coming directly from the EU
budget represent, in some instance, a major share of Polish LRAs expenditures. This is
the case with LRA expenditure on agriculture and forestry, where nearly 18% of funds
in 2007 came from the EU, or expenditures on transport and communication, with EU
funding accounting for nearly 10% there. The share of EU funds in LRA expenditure is
the highest, at nearly 25%, under the heading other social policy tasks. The statistics
presented here demonstrate a high effectiveness rate of LRAs in their spending of EU
funds related to e.g. labour market, transport infrastructure and environment protection.
Table 8. LRA expenditure in 20042007 on selected municipality activities, EU funds itemised
separately, in PLN k
2004
TOTAL LRA EXPENDITURE
of which:
Agriculture and forestry
of which:
EU funds
Transport and communication
of which:
EU funds
Education and childcare
of which:
EU funds
Other social policy tasks
of which:
EU funds
Educational childcare
of which:
EU funds
Municipal services and environment protection
of which:
EU funds
Culture and protection of national heritage
of which:
EU funds
91 386 801
2005
2006
2007
103 807 100 120 038 196 129 113 085
1 969 960
1 727 408
2 211 550
2 530 079
191 175
278 104
449 761
445 470
11 604 218
14 089 381
18 794 450
20 769 397
234 239
1 138 473
2 280 322
1 916 992
33 419 760
35 138 091
37 090 814
39 376 746
7 864
95 741
177 860
183 990
836 481
1 039 376
1 519 883
1 724 688
29 490
125 902
360 405
427 188
2 691 024
3 514 853
3 907 523
4 032 991
45 290
269 248
316 778
207 321
5 248 053
5 754 672
6 539 297
6 948 440
220 306
661 461
976 307
871 067
2 997 267
3 436 903
4 239 141
4 729 925
15 447
35 817
208 132
205 297
Source: O
wn work based on statistics from the Local and Regional Authorities Finance Department, Ministry of Finance.
216
217
Conclusions
In the period from May 2004 to the end of December 2008, Poland paid to the EU
budget EUR 12.5bn, and received from it EUR 26.5bn. The net position of Poland was
thus at EUR 14bn. This figure should be supplemented with non-budgetary funds, referred to in the subchapter Other Transfers. The total of Polish liabilities on those totalled
over EUR 0.7 bn, and the profits came at nearly EUR 18bn, the majority of which were
EIB loans. We should also remember that the net position does not give a full picture of
costs and benefits of EU membership. What is more, it should be argued that the total
of costs and benefits of various types for entrepreneurs, consumers and workers is much
more substantial than transfers between the budgets of Poland and the EU.
At present, it is extremely difficult to project the level of Polish contributions
to the EU budget in the future. Models based on the GDP growth rate from before the
financial crisis indicated that Polands share, by more or less 2013, will reach 3.5%. For
comparison, Germanys share in 2009 budget financing is at 19.7% and Frances at 15.8%.
Nevertheless, the looming recession in EU-15 markets in 2009, even with a minimum
economic growth in Poland in the nearest future, may speed up the arrival at this level
in a shorter period of time.
The level of EU funds utilisation is primarily dependent on the effectiveness of
the government policies, Polish administration, as well as the will of potential beneficiaries to seek support from EU programmes and policies. It should be expected that the
first transfers under the NFP for the years 20072013 will be launched in 2009, peaking
in the subsequent years, to achieve the level of EU funds utilisation similar to that in the
20042006 financial perspective (nearly 100%) by 2015.
217
Chap.2
The social dimension

Social perspective / Jakub Winiewski

Labour market and migration / Jakub Winiewski
Accession to Schengen and internal security / Grzegorz Gancarz
Education and sport / Beata Somiska
Culture and tourism / Beata Somiska
Consumer protection and public health / Jan Szczodrowski
Social perception of the Polish membership of the EU / Maja Pilecka
219
Social perspective
ssessment of the social situation in the period 20042009
A
against wider processes ongoing in EU countries
Due to the historical, cultural and above all socio-economic circumstances Polish society is and will remain different from Western European societies on many
planes. As an example, our country will require many years to match Germanys level of
economic development. A few examples are given below demonstrating the differences
in development of our country in relation to other EU member nations. According to the
calculations of independent experts Poland had the highest number of children threatened by poverty in 2005 (29%), a long way behind the EU-25 average (19%). As Eurostat
figures show, in 2006 Poland was sixth from last in the EU in terms of investment into
research and development (allocating 0.56% of Gross Domestic Product GDP against
a European average of 1.86%). According to calculations by the independent institute
The Lisbon Council for Economic Competitiveness and Social Renewal Poland ranks lowest among the new member states in terms of its human capital.
Poland joined the EU in 2004 as a country with huge regional disparities in terms
of economic development. The problem lay with the significant underdevelopment of
the eastern parts of our country (especially in terms of infrastructure, mostly physical).
Before Bulgaria and Romania joined the EU, the five eastern regions of Poland were the
poorest in the entire community. In 2008 Polands GDP measured against purchasing
power amounted to 54.9% of the average in the 27 member states. Measured per capiH. Frazer, E. Marlier, Tackling child poverty and promoting social inclusion of children in the EU, CEPS/INSTEAD, September 2007, http://ec.europa.eu/employment_social/spsi/docs/social_inclusion/experts_reports/synthesis1_2007_en.pdf.

A. Cielak-Wrblewska, Coraz mniejsze wydatki na innowacyjno, Rzeczpospolita, 11 March 2008.

Slovenia did best in this regard. In the above research four specific variables were taken into account: unit costs of education, degree of utilisation of resources,
labour force productivity and the demographic situation (P. Schuler, S. Wilys, The European Human Capital Index: the Challenge of Central and Eastern Europe,
The Lisbon Council Policy Brief, Brussels 2007).

Ministry of Employment and Social Policy, National Employment Plan 20092011, Warsaw 2009, p. 5.
219
220
ta, only Bulgaria and Romania showed a lower GDP. As the OECD report showed, in
2007 Poland was in the worst situation in the EU in terms of social stratification. The
difference between the average incomes of the richest and poorest 10% of society was
13.5%, while in other European countries the figures were much lower, e.g. in the Czech
Republic 5.5%, in Sweden and Denmark below 5%.
It would be a mistake to make far-reaching conclusions from the above data. In
many regards Polish society shows up favourably in international comparisons. In many
evaluations Poland is spoken about as having dynamic, highly adaptable and capable citizens, drawing their roots from the experiences of the last few decades. In 2007 foreign
companies invested in Poland 12.8 bn EUR, in 2008 13 bn EUR. In 2007 Poland was
one of the two fastest developing countries in the Organisation of Economic Cooperation and Development (OECD). Within the space of a few years Poland has managed
to reduce unemployment by half. Compared with other countries Polish society is still
relatively young. Half its citizens are under the age of 35. Poles are valued employees.
The Polish educational market is among the fastest developing in Europe.
At the same time, in many areas of social life after Polands accession to the
EU the process of catching up with Europe in terms of the level of civilisational development has visibly accelerated. In 2007 alone the pace of GDP growth in Poland
was higher than the EU-27 average by 3.8%. The higher pace of economic growth
and the flow of direct foreign investment to Poland resulting in a greater number of
workplaces led to an increase in prosperity levels in Polish society. Poles material
wealth has increased. For example, the average living space per person has grown
from 22.2m2 in 2002 to 23.8m2 in 2007. The quality of life has improved. Polish
households have acquired more durable goods, such as cars or modern communications equipment (computers, satellite television, mobile phones). Average net income per person amounted to 895 PLN in 2007. In the years 20052007 this rose by
30% in real terms. The number of households declaring that their regular income
was insufficient to meet their ongoing needs fell (though this still concerned 32% of
households). Poles are ever better qualified. In recent years the proportion of people
having completed only primary education has fallen (51%). People with a secondary
J. Kumoch, Pensje Polakw podzielia przepa, Dziennik, 22 October 2008.
IIC Partners, Global Perspectives, National Profiles Poland, 2009, www.iicpartners.com.
Central Statistical Office, Property economics 2007, Warsaw 2008.

For example, in 2003 only 29.9% of the population had a mobile phone, by 2007 70.1%. the percentage of homes having a computer grew from 33.7% in 2003 to
53.8% in 2007. Internet access in 2007 was available to 39.2% of families, four years earlier it was barely 16.9%. Cf. J. Czapiski and T. Panek, Diagnoza spoeczna
2007. Warunki i jako ycia Polakw [Social diagnosis 2007. Poles conditions and quality of life], Warsaw 2007, p. 268269.

Credible data on this matter can be found in the reports prepared regularly under the auspices of the Council for Social Monitoring, Ibidem, p. 17.

220
221
or tertiary qualification constituted 19% of the population in 2007, while in 2000 it

was a mere 12%10.
Polish society has faced numerous challenges in recent years, independent of Polands membership of the EU. As much as the process of ageing populations also affects
other EU member states, the problem in Poland will shortly be particularly severe. Since
1997 Polands population has steadily fallen, connected with a falling birth-rate11. For
every woman there is 1.3 children, while to maintain the population at a stable level,
that figure should be 2.1. The fall in population level is also a result of the negative balance of long-term emigration. The demographic changes also concern the age structure
the proportion of children and young people in the general population fell from 29%
in 1990 to 20% in 2007.
The average lifespan is lengthening (which is a consequence of improving living
conditions, better-paid employment etc.). This means that the number of people above
retirement age is steadily increasing from 19902007 the proportion of this group in
the entire population increased from 13% to 16%. This in turn leads to greater pressure
on the state budget and retirement and pension systems.
The institution of the family has undergone changes. The number of people living alone and in non-married relationships has increased. The number of divorces has
gone up. The patriarchal model of society is slowly changing in the direction of sexual
equality in all areas of social life. Other challenges concern the evolution of socio-economic realities and alterations in social consciousness as a result of global processes. The
structure of employment is evolving. Ongoing economic liberalisation is accompanied
by relocation of industrial production to countries with lower labour costs. The emphasis
on education reflects the importance of knowledge and information in all areas of life in
the information society.
To conclude this thread, it could be said that social problems have appeared in the
collective consciousness which have long been ignored, such as discrimination of women, national and ethnic minorities, immigrants or the disabled. The European Union,
constituting a kind of window on the world for the modernising Polish economy emerging from decades of isolation, has accelerated the unavoidable process of adaptation to
global conditions. For Poles coming into contact on a daily basis with the realities of life
in Western Europe, it has become easier to grasp the distance separating them from the
10
11
Ibidem.
Demographic data comes from the resources of the Ministry of Employment and Social Policy, National Employment Plan 20092011, Warsaw 2009, p. 812).
221
222
societies of developed countries. In some situations this could cause frustration or create an inferiority complex. Maybe the fact that Poles have saved little, despite growing
incomes, can be explained by a kind of increased consumer demande, which in post-accession reality was additionally stimulated12. Consequently, it changed the way in which
Poles perceived their own situation, as testified by the figures relating to poverty. While
objectively the percentage of households living in poverty fell in the years 20052007 by
3%, in subjective terms it increased by 9%13.
Work and economic status

Since 2004 the situation in the employment market has consistently improved.
In 2005 almost 6% lived in households where no one was employed, though there were
people actively seeking work there. Two years later this figure was a little over 3%14.
Among the causes of unemployment behavioural factors dominated, connected with
a lack of desire to find employment be that education, childcare, health, the wrong age
or a lack of interest in gainful employment.
A process of enormous significance for the Polish employment market (and also
for society as a whole, its cohesion and identity, which is discussed in subsequent subchapters) was the economic migration of Poles in 2004. Surplus labour vanished from the
Polish employment market. As a result the Polish labour market evolved in the direction
of a workers market, strengthening the position of employees in their relations with
employers. Meanwhile, when employed abroad, Poles became acquainted with new models of career development, acquired new skills and professional qualifications. Thanks
to increased migration abroad social mobility inside the Polish labour market increased.
In the context of economic status, remittances to families by Poles employed abroad
played an important role.
On the other hand the migration exposed some weaknesses in the Polish labour market. On a regional and local scale, shortfalls in labour appeared. In relation
to certain professions valuable human capital has been lost. In the case of people or
In March 2007 over 74% of households had no savings. Cf. J. Czapiski, T. Panek (ed.), op.cit., p. 18.
Polish and world media, describing the story of a railway worker from Dziadowo, wrote about the discrepancy between the gloomy attitude in society and
the objective realities of life in Poland during the period of EU membership.In 2007 Jan Grzebski awoke after spending 19 years in a coma. When Mr Grzebski
fell into a coma petrol was still rationed and the Round Table ( over ways for the communist party do give up power) discussions had just begun. Referring to the
present reality, Mr Grzebski emphasized that it had exceeded even his wildest expectations. Cf. Mczyzna wybudzi si ze piczki po 19 latach, Gazeta Wyborcza,
1 June 2007.
14
J. Czapiski, T. Panek (ed.), op.cit., p. 22.
12
13
222
223
families receiving remmitances there grew a risk of lasting professional inactivity and
transfer dependency. It is difficult here to pronounce on the balance of gains and losses
resulting from increased migration, nevertheless the scale of the improvement in the
situation in the Polish labour market would certainly have been less if Poland had not
joined the EU.
The example of Cieszyn, a town split by the Olza river, lying on both sides of the
Polish-Czech border, is a good illustration of the new economic opportunities that arose
for border regions following Polands accession to the EU and Schengen zone. This is
demonstrated by the advertising slogans found there (European quality, Polish price,
Czech VAT). It is worth noting, at the same time, that the tightening up of the Polish
borders with Ukraine and Belarus has, unfortunately, resulted in the reverse process
border trade, after a boom period at the end of the 90s has become more restricted in
the following decade.
It is difficult to estimate the role of the EU factor in explaining the improvement in the situation in the Polish labour market after 2004. In this respect, projects
carried out under the auspices of the European Social Fund should be mentioned. They
were aimed at those registered as unemployed on local employment exchanges, people
professionally inactive as well as those in work. However, the money from structural
funds (especially the European Social Fund) undoubtedly led to a fall in unemployment
and growth in employment. For the 20072013 period Poland has been allocated 9.7 bn
EUR, which are to be spent as part of the Operational Programme Human Capital (OP
HC). Human Capital is the largest programme in the history of the European Social
Fund carried out in any EU member state, with record sums of 11.4 bn EUR at its disposal (the extra 1.7 bn EUR comes from the national budget). According to analyses carried
out by the Ministry of Regional Development between October 2004 December 2006,
thanks to investment from structural funds, the number of people employed in Poland
rose by 320,000 people (a 37% increase in total employment)15.
The public infrastructure improving as a result of EU investment positively affected economic status and living conditions. Investment in terms of cohesion policies
includes apart from the above-mentioned professional training and new jobs sewage
plants, new roads, bridges, water supply and sewage systems and remaining infrastructure. Of course only a part of these funds have been invested during the first five years of
Polish membership of the EU.
15
Ministry for Regional Development, Final report on The influence of EU structural funds on employment, Warsaw 2007, p. 2.
223
224
When discussing economic status it is worth looking at the position of Polish

consumers. The liberalisation of community markets brought Poles measurable benefits
in this regard, often leading to lower prices, higher quality and a wider range of products
and services. While in the collective consciousness the influence of the EU on, say, airline services (budget airlines, finance and insurance, individual banking) or telecommunications (regulation of roaming fees inside the EU) was relatively unnoticed, in practice
the changes in these fields took place almost exclusively as a result of decisions taken at
the European level.
Summing up the discussion concerning work and economic relations, it should be
stated that Polish household economies, following a period of high unemployment and
uncertain employment, experienced a noticeable improvement in the economic sphere
in the years 20042009. EU membership contributed to the amelioration of tensions in
the Polish labour market. The decisive factors in this regard were the rapid economic
growth, new jobs created by EU investment in infrastructure as well as a wave of economic migration.
Polish membership of the EU had a limited influence on some trends in the
Polish labour market. For example, Poland also compared to other EU-27 countries
displayed particularly low professional activity among people aged 4559. Unfortunately, in the years 20042009 the deactivisation of this group of workers continued.
To put it simply, there was an enormous swathe of Poles in the country who not only
werent working, but worse, werent interested in working. This slowed down the
socio-economic development of Poland and had a negative effect on peoples living
conditions.
Leisure and personal development

The European Union influenced, directly or indirectly, the ways in which Poles
spend their free time, and how they accumulate their intellectual capital. It is worth recalling that the forms of leisure and personal development 20042009 evolved above all
under the influence of very general processes, such as the growth in incomes or availability of employment. Despite the improvement in these areas, about 74% of households
were still not in a position to satisfy their leisure needs (e.g. in terms of holidays). The
situation was similar with needs for cultural entertainment. Approximately one Pole in
224
225
three in 2007 was unable to go to the cinema, theatre, opera, classical or rock concert
or exhibition for financial reasons. On the other hand, the number of people restraining
themselves from purchase of books or newspapers for financial reasons fell by 10% (to,
respectively, 24 and 29%)16.
Cooperation in such areas of European integration as education, scientific research, supporting information and communication technologies or cohesion policies had
specific consequences for Polish culture and intellectual life. The entry of Poland to the
EU coincided with a time of intensified activity at the community level aimed at strengthening the cultural and spiritual dimensions of European integration. Initiatives such
as the Culture programme implemented in the years 20072013 (with a budget of 400
mln EUR), emphasized the significance of European cultural heritage. As part of another
initiative in November 2008 a digital library of the European Union was set up Europeana, containing manuscripts, books photographs, maps and masterpieces of European
painting. The collection contains 2 million works freely available in digital form, part of
which comes from the Polish National Library.
Another EU worthwile initiative is the idea of the European Cultural Capital.
Each year a European city is chosen, which for a year presents its cultural life, and that
of the region and country. Special concerts, festivals, exhibitions, conferences and other
activities advertising the cities and regions are organised to celebrate the occasion. Most
importantly, all the events in the European City of Culture are 60% financed by the EU.
In 2000, in the pre-accession period, this title was bestowed on Krakow. In 2016 Poland
will be able to nominate another city for the title of European Cultural Capital. The potential nominees are: Gdask, d, Lublin, Pozna, Szczecin, Toru and Warsaw.
In terms of policies for regional development music schools, concert halls and
recording studios have received financial support. Thanks mainly to EU subsidies it has
been possible to restore hundreds of historic, religious and culturally important buildings
to their former glory. Historic interiors and facades have been restored across Poland.
Among others, in Pozna the old Parish Church the Franciscan Fathers Church and the
Raczyski Library have been restored, in Kostrzyn on the Vistula the Baltic fortifications
have been revitalized, in Tczew valuable examples of 19th century pre-industrial architecture have been restored.
EU funds have also contributed to promoting the benefits of tourism in individual regions. Sports and hotel infrastructure has been expanded. Here are a few examples:
16
225
226
Rudnik on the San has been transformed into the Polish wicker capital, thanks to the
construction of the Wickerwork Centre built with funds from the Integrated Regional
Operational Programme. The Stanislaw Lem Garden of Experience in Krakow has been
created, the first educational park in the country. One of the principles of the project,
carried out as part of the EQUAL Community Initiative17, was providing visitors with
attractive, interactive installations, helping to reveal the secrets of chemistry, physics
and biology. In Beskid Sdecki thanks to structural funds the first, and thus far the only,
ski facility taking in two valleys has been created. All these investments would not have
been completed as quickly if community funds had not been available.
Poles have started to travel in large numbers, and not only in search of earnings,
but also as tourists. The greater mobility of citizens was influenced by Polands joining
the Schengen zone, and also by increased purchasing power. The scale of the change
is best illustrated looking at passenger numbers at Polish airports. Warsaws Fryderyk
Chopin terminal at the Okcie airport completed in 1992 was intended to serve 3.5mln
passengers per annum. At that time it was considered that the capacity would be sufficient for many years. Whereas in fact the airports capacity was exceeded even before
accession. One year after Polands entry to the EU in 2005, 7 million travellers were
handled by Okcie. The construction of a second terminal became essential, increasing
the capacity of the airport to 10 mln. Regional airports have also developed dynamically,
as demonstrated by the example of Katowice, where in 1995 15,000 passengers were
handled, in 2005 1 mln18.
Paraphrasing the words of the British economist Claus Moser, it could be said that
educating young people is certainly expensive, but the ignorance of future generations
could cost us even more. In 2004 Polish citizens acquired easier access to educational
institutions in other EU member countries. In the case of students and school pupils this
means identical rights to those enjoyed by the citizens of the receiving country, associated with study fees, grants, medical care or reduced fares on public transport. Although
in a legal, formal sense Polish students became equal with other EU citizens; the costs
of living and studying abroad often constituted an impassable barrier for Polish citizens.
Polish schools, academies and professional training centres took part in community programmes like Socrates, Comenius or Leonardo da Vinci. Academic-research staff had
The EQUAL Community Initiative was a European Union programme aimed at creating a greater number of quality work places and ensuring widespread access
to them conducted in the years 20042006. Its main role was testing and supporting new methods of combatting all forms of discrimination and inequality in the
labour market, on the basis of sex, racial or ethnic background, faith, convictions, disability or sexual orientation, equally among those employed as well as those
seeking employment. Cf. Fundacja Fundusz Wsppracy, The Equal Community Initiative Programme, 2009, www.equal.org.pl.
18
Cheer up, The Economist, 11 May 2006.
17
226
227
the opportunity to take part in occasional Research, Technological Development and

Presentation Programmes.
Polish students learned to function in an international environment. Baccalaureate in Poland, studies in Sweden, traineeship in Germany, employment in Spain
such a hypothetical career has become an open possibility for many young people.
At the same time, Poles occasionally remained unaware of the rights and privileges
they had acquired due to Polands membership of the EU. The Polish educational
system wasnt always supportive, either substantially, financially or bureaucratically
(e.g. in terms of recognition of overseas qualifications). In this area there arose a need
for cooperation between central and local government, educational authorities and
institutions.
In conclusion, the evolving forms of leisure and personal development brought
Polish society closer to the countries of Western Europe19. This has had an effect on
social attitudes. According to Henryk Domaski, director of the Institute of Philosophy
and Sociology in the Polish Academy of Science, Polish society, on average, has become
more tolerant, liberal in terms of behaviour, is more intellectually flexible. Poles orientation is more individualistic, we have become a less collectivised nation20. At the same
time, the still present differences in income often forced Polish citizens to restrict their
plans and ambitions.
A civil society and state administration

In the years 20042009 Polish state administration has steadily been modernised.
Often, to take advantage of an opportunity brought by membership, bottom-up (initiated by local communities) initiatives were also required,. In cases of investments in
infrastructure (e.g. building sewage works in a municipality or creating a cooperative of
agricultural producers) or spontaneous actions by citizens (the organization of cultural
events) individual ability and enterprise are not sufficient, reserves of social capital are
also necessary. Many experts have emphasized the asymmetric social development of
Poland in recent years, based on the fact that faster improvements in living conditions
This doesnt alter the fact that in accordance with the theory put forward earlier Poland remained distinct from Western European societies in many
regards.
20
Szkoda, e wyjedaj, ale emigracja to jest take pozytywne zjawisko (note from a debate The Wall Street Journal Polska and TP), Dziennik, 6 November
2007.
19
227
228
are accompanied by decidedly slower advances in the broadly understood public sphere.
As the American politician Hubert Humphrey said, the impersonal hand of government
can never replace the helping hand of a neighbour.
It is worth backing that statement up with an example: barely 11.5% of those
asked in Poland agreed with the statement most people can be trusted, which constitutes less than one sixth of the value for the same question when asked in Denmark and
Norway. In 2007 more than half the citizens paid little or no attention to building the
broadly understood common good (by making contributions in terms of taxes or duties).
Poles display a high degree of tolerance towards such antisocial behaviour as joyriding
in public transport or non-payment of rent21. The lack of sufficiently developed social
ties has brought with it lost opportunities in terms of lower productivity (for example,
farmers being unwilling to exchange agricultural machinery).
The influence of the EU on the sphere of civil society has limited itself thus far
to the systemic and financial support of the non-government sector, which though
noticeable and bringing about real change has not been able to make up for many generations of neglect.
Travel abroad after 2004 often turned out to bring a broadening of perspectives,
a kind of living experiment, an important test of independence and testing oneself in
new surroundings and conditions, of taking responsibility for ones decisions. The spatial
mobility of Poles undoubtedly contributed to the formation of an open society, remodelling worn-out attitudes in daily contact with people from another culture22. It can
reasonably be stated that the increasing familiarity of Polish citizens with the realities of
Western Europe contributed to a better understanding of mechanisms of the market economy and democratic processes, acceptance of freedom of speech, free press and so on.
The number of people who agreed with the statement that democracy is the best form of
government has increased in recent years from an admittedly low level: in 2003 it was
17% of those tested, in 2005 21 %, while in 2007 24%23. Positive change was also visible in relation to other aspects of social life. For example, in recent years the percentage
of people claiming to segregate rubbish has grown (from 41.5% of households in 2005
to 51% in 2007)24. Research carried out in March 200825 showed that 50% of households
If someone comes into contact with the West, works a bit, hell find out he has to be on time, polite, smiling. It could be a positive experience learning new
habits, customs, cultures, modes of social life (Ryszard Kapuciski in an interview for Gazeta Wyborcza. 2425 June 2006).
23
J. Czapiski, T. Panek (ed.), op.cit.,p. 31.
24
Ibidem, p. 268269.
25
Research conducted by GfK Polonia for UKIE Department of Analysis, Warsaw, March 2008.
21
22
228
229
have easy access to segregated rubbish containers, 18% of families have awkward access,
whereas 32% has no access at all.
The European Union has provided Polish state bureaucracy with a certain modelgenerating potential, shown in the form of a variety of modernising impulses, inspiration, examples of good practice applied in Poland. Thanks to the so-called open method
of coordination (voluntary collaboration of member countries in implementing reforms at
national level) the EU has supported cooperative activity in such spheres as: employment,
work entitlement and working conditions, security in society, vocational training, safety
at work and industrial illnesses, protecting health at work, the right to associate and enter
into collective bargaining agreements. Reforms in the Polish labour market in 20042009
were constantly subjected to evaluation by community institutions and other member states. Practice has shown that such casual collaboration has brought concrete results.
The structures of Polish state bureaucracy have also evolved as a result of EU
investments. As an example, prior to entry into the Schengen zone it was necessary to
improve and strengthen the telecommunications infrastructure in the administration
and increase the safeguards associated with document security. As part of the Schengen Financial Instrument (Schengen Fund) Poland had about 314 mln EUR available
to it. Investment from these funds was above all intended to improve the condition
of the infrastructure at border crossings, and also for improving the equipment levels
for all types of operational equipment and for the relevant schooling of the Police and
Border Guards. Equipment was bought for border guards, so that the EUs external
border was appropriately secured. Airports were built or expanded, as were road and
rail border crossings with Russia, Belarus and Ukraine. The living conditions of refugees in Poland improved.
The above considerations clearly show that the modernisation of the Polish state
bureaucracy has proceeded relatively efficiently (it is worth at the same time remembering that much was done in this regard prior to accession). The increase in civil activity
has been slower, though positive changes in this regard are also beginning to be visible.
Security
Polands membership of the EU has entailed the introduction of legally sanctioned and universally applicable standards concerning, among other things, employment,
229
230
public health, business, and industrial and agricultural production. For Poland, belonging
to the Schengen zone or single market has brought with it specific responsibilities and
requirements, shared with other member states (as in Horaces maxim: if your neighbours wall is on fire, its also your problem). For ordinary citizens this has meant raising
the level of broadly understood security, covering various aspects of daily life. For example, in December 2008 the Child-friendly Cafe campaign was launched, implemented
as part of the Europe-wide Safe Internet programme. As part of the campaign, Internet
cafes could apply for community funds, on condition that special filtering programmes
were installed on their computers26. Its worth recalling here in a little more detail the
three areas of EU influence on the lives of citizens: employment law, public security and
consumer protection legislation.
Minimum standards in the area of employment apply in the EU. Above all, they
concern the organisation of health and safety at work, and also restrictions and prohibitions on the use of materials, substances and technologies that are harmful to health,
and also the safe execution of ones work. The law defines working conditions in areas
of increased risk of loss of health or injury at work, such as building, fishing, mining and
the electronics industry. Issues of protection at work in terms of the scope and organisation of time at work have also been introduced into Polish law. This includes the issue of
daily and weekly working limits, minimum statutory rest periods at work, annual leave,
and also the principles of organising shift-work and restrictions on night-working. It
is worth also remembering about the social protection of work (e.g. protection of the
employment of minors, flexible forms of employment). On the fringes of social policy
lies a group of directives concerning administrative activities in the area of classifying,
marking and packing machinery and equipment on account of its safe transportation
and use. The directive on the duty of employers to inform about changes in the terms of
employment, or its termination, in writing has been classified separately.
An important role is played by the rules formulated by the EU concerning nondiscrimination, introducing principles of equal treatment regardless of sex, ethnic or racial background, religious belief or declaration, disability, age or sexual orientation. It is
worth remembering the buses and coaches directive, which introduced the requirement
of providing access on all new buses in urban areas for people with restricted mobility
(including wheelchairs). This refers to special vehicles, allocated seating space, space for
guide dogs or special markings for those with poor eyesight.
26
230
EuroPAP, EU programme Safe Internet starting in the new year, 11 December 2008.
231
Quite apart from the letter of community law, recent years have seen changes
in the accessibility of public spaces for the disabled. For wheelchair users the kerb has
in most towns ceased to be an impassable barrier. The influence of the EU in this area
has been mostly limited to raising the awareness of citizens and authorities to this issue.
Lowering the kerb at pedestrian crossings is after all a technical matter, which has little
discernible impact on building work.
Interestingly, the percentage of people who admit to having been discriminated
against in some way (1.9%) was in 200727 the highest it has been since the phenomenon
began to be systematically tested in 1992. If we assume that discrimination in the workplace has not occurred more than to this date (some research indicates this), it may be
a symptom of increasing awareness on the matter of what constitutes discrimination
and what sanctions await those who allow such things to happen. It seems reasonable to
suggest that this is a reward of the EUs activities encompassing both changes in employment law as well as campaigns informing of those changes.
The lifting of the borders with Germany, Lithuania, Slovakia and the Czech Republic in December 2007 brought with it increased police cooperation and stronger external border controls (crossings with Russia, Belarus and Ukraine). According to a report
drawn up by the Ministry of Interior and Administration (MSWiA), since Poland joined
Schengen, the effectiveness with which the territory of Poland has been protected has
risen by 50%28. Only in the first six months of 2008 the Border Guards (SG) detained half
as many illegal aliens as in the analogous period the previous year29. The effectiveness of
the SG has also improved in terms of fight against smugglers of cigarettes and alcohol.
Thus for example in the first half of 2007 the value of the alcohol seized by the SG
amounted to 1.5 mln PLN, whereas in the first six months of 2008 5 mln PLN.
It is significant for the security of citizens that the Polish authorities gained access to the Schengen Information System (SIS) as well as to the Visa Information System (VIS). Poland being a party to the Europol Convention also gained access to
the databases of this authority. 350 people being sought by a European Arrest Warrant
have been detained on the territory of Poland. About 600 people sought by the Polish
law enforcement agencies have been detained on the territory of the European Economic Area (EEA). As a poll conducted by TNS OBOP in December 2008 showed, these
Ministry of Interior and Administration (MSWiA), Polska w strefie Schengen refleksje w pierwszym roku czonkostwa, Warsaw 2008, cf. also press information
EuroPAP, MSWiA report: after Polands entry into Schengen the increase in effectiveness of border security, 14 December 2008.
29
It could also mean that more people tried to illegally cross the Polish border.
27
28
231
232
benefits have been perceived by citizens. 54% of Poles think that Polands entry into
Schengen was a positive event30. Among the benefits named by interviewees were easier
movement around Europe (62%), no border queues (44%) and more effective combating
of smuggling (37%). The expansion of the Schengen zone was also a success from the
point of view of the old member states. We have gained more freedom and security,
Wolfgang Schaeuble, the German Minister of the Interior in December 2008, wrote in
the weekly Bild am Sonntag.
Entry into the Schengen zone meant that Poland had to introduce visa procedures
aimed at nationals of some third countries which are standardised at the European level.
Visa regulations were introduced for citizens of Belarus and Ukraine. Unfortunately the
cost of a visa, taking into account the average level of income, was high for the citizens
of these countries (Ukrainians paid 35 EUR, Belarusians 60 EUR). From January to
August 2008, the number of Ukrainian citizens entering the territory of the EU (including Poland) fell by 37.7%. To prevent a drop in the intensity of cross-border movement,
in December 2008 a procedure ratifying agreements between Poland and Ukraine was
initiated, covering local border traffic. Thanks to this the resident of border areas will be
able to cross the border more easily, without having to apply for a visa.
Polish consumers, at the moment of Polands accession to the EU, were covered
by the minimum level of protection resulting from EU regulations. It is from precisely
these community regulations that the principle arises that if a purchased product does
not meet the requirements of the contract made with the seller at the moment of purchase, the consumer can demand its repair or replacement with another example of
the same product. Interestingly, the highest norms for the safety of products bought
by consumers apply in the EU. This concerns many products of daily use, such as toys,
cosmetics or electrical equipment. When it comes to talking about food, it is worth
emphasizing that the EU system of safety covers the entire food chain from agricultural production, to food product preparation, up to sale and retail. Thanks to community legal stipulations covering product labelling, everyone can get information about
what they are eating. Additionally the law demands that contracts made in dishonest
circumstances are prohibited. Supermarkets are additionally required to state the unit
price of products (e.g. price per kilogram), so that consumers can more easily compare
which purchase is better31.
30
31
232
EuroPAP, Ponad poowa Polakw uwaa wejcie do strefy Schengen za korzystne, 18 December 2008.
European Commission. General Directive on Health and Consumer Protection, Consumer protection in the EU Ten basic principles, Brussels 2007.
233
The three spheres of public life discussed above demonstrate the scale of the influence of the EU on the broadly understood security of citizens in Poland. Harmonization in most cases was technical and highly detailed in character, however its influence
on the life of citizens is hard to exaggerate. Generally speaking, community legislation
contributed to an increase in the scope of the protection provided to citizens on different
levels by public institutions. Of course the activities associated with adopting these laws
brought with them various costs, both for the private as well as public sector.
Identity and social cohesion

At the moment of accession, Poles, more or less consciously, became a part of the
Union, understood as a community of shared values. In the view of Poles joining the EU
is apart from the regaining of independence in 1918 Polands greatest success in the
last 100 years. 39% of respondents said accession was the most significant event in the
last century32. Poles have, to an ever increasing degree, come to place their hopes on EU
activity in many areas of social life.
For example, research conducted in 2006 by the Office of the Committee for
European Integration (UKIE) showed that Poles are positively inclined towards the introduction of uniform principles in terms of social policy at the community level. This
concerns, among other things, the introduction of a European minimum wage and health and safety at work33. Poles have a relatively clear vision of socio-economic relations.
The European Union, together with state governments, has taken on a range of tasks
associated with social prosperity. Similar to the citizens of other countries, Poles expect
public authorities to function on a basis of social solidarity, entailing civil rights to receive help in situations where a given individual has found themselves in difficulty. Poles
placed their hopes in the implementation of social dialogue, guaranteeing the meaningful participation of citizens in the process of making decisions that affect them. The EU
is perceived as a guarantor of the basic rights concerning the free movement of labour,
together with guaranteeing migrant workers social security, or the equal treatment of
men and women.
PAP, Poowa Polakw uwaa okres po 1989 r. za najlepszy w XX wieku, 5 November 2008.
For more on this subject, cf. A. Byrt, J. Winiewski, Perspektywy pogbienia wymiaru spoecznego integracji europejskiej w wietle bada opinii publicznej, Biuletyn Analiz UKIE no. 17, February 2007.
32
33
233
234
It seems reasonable to suggest, then, that in the minds of Poles the EU is perceived as a new point of reference, and at the same time an element helping to build ones
own identity. Poles have, to an ever greater degree, conceded the possibility of identification on many levels, where national patriotism is backed up by a feeling of Europeanness. The role of local and regional community has also grown. The resurgence in
local patriotism observed presently is connected with the socio-economic development
model propagated by the EU, based on the principle of subsidiarity. The decisive factor
in this regard has been the EU financial support given to local government. Districts and
towns gained access to community funds designated for investment in infrastructure or
assisting enterprise and the development of human capital.
What does functioning in a European economic, social and cultural space mean
to Poles? Increasing prosperity has come to professional groups above all, for whom
Polands opening to the world and membership of the EU has been most beneficial, such
as business people, IT specialists, management, lawyers and economists. Young people,
well qualified, living in Polands largest cities, such as Warsaw or Gdask as well as interestingly other places in the Pomorskie Region have observed the greatest improvement34. Relatively the least benefit has been felt by the elderly, the worse qualified and
especially those living in small towns in eastern Poland. Living conditions in rural areas
have improved dynamically, which was influenced most strongly by direct subsidies as
part of the common agricultural policy.
It is difficult to speak of the changes in rural Poland without referring to the incomes of farmers, the modernisation of rural infrastructure or the increased efficiency of
agricultural production. Thanks to these processes, brought about by membership of the
EU the face of rural Poland is changing. Indicators of schooling levels, prosperity, quality
of life or social or civil activeness are improving. At the same time, though, membership
has had little effect on the living conditions of the socially excluded. This is confirmed
by the figures for alcoholism and crime in the countryside.
While Poland has been an emigrating country for many decades, the dramatic
growth in earnings migration after 2004 had a strong influence on Polish society. As
Wodzimierz Anio from Warsaw University puts it, increased migration [] and the
significantly easier contacts with the developed world have become an instrument and
a factor in advancing modernisation, general cultural change, civilisational progress.
This is particularly true of provincial Poland, the countryside and small towns. For
34
234
235
example, in the Siemiatycze press the vast majority of articles refer to Belgium as the
main destination for the residents of the region.
The figures showing the circulatory, seasonal, fluctuating character of economic
migration of Poles suggest a mildly positive interpretation of the phenomenon. In such an
understanding we cannot speak of a permanent loss of young, well-educated, dynamic workers and citizens. An analysis of the local press in Poland in the last few years leads to some
interesting conclusions concerning the evolution of perceptions of the earnings migration
of Poles. The word emigration appears almost exclusively in relation to Poles travelling to
America, indicating the permanent nature of the stay in that country. Meanwhile, in relation to European countries the terms movement or trip are more common35.
On a regional and local scale there have been cases where the loss of workers
negatively affected the functioning of some institutions or the vitality of local social and
cultural life. Here are some headlines from the local press in recent years: nurses gone,
hospital paralysed, childrens surgery ward stopped admissions yesterday, workers
disappeared repairs to primary school delayed36.
It should not be forgotten, though, that a life in emigration comes with risk attached and a range of inconveniences. The local and national press have, in recent years,
highlighted many cases in which Poles have been mistreated , cheated, forced to do
extremely hard labour or otherwise exploited. Ignorance of the language, general incompetence or low qualifications has on more than one occasion condemned some migratory
workers to the status of second-class citizens in their target countries.
In recent years a negative phenomenon has appeared, concerning so called euro
orphans, associated with the separation of children from their parents, who are living
abroad. A Polish foundation Prawo Europejskie [European Law] estimated in April
2008 that as many as 110,000 children are affected by this problem in Poland37. The
problem is particularly acute at the level of local government for example, according
to figures from the dzkie Region Education Authority there are approximately 6,000
pupils one of whose parent have travelled abroad to work. In 550 cases there was confusion over why they were not attending school and what their place of residence was.
The Polish accession to the EU influenced the increased economic migration of Poles,
leading to remmitances to families and brigning about separation from relatives Thus the
35
36
37
M. Wieruszewska (ed.), Tu i tam. Migracje z polskich wsi za granic, Instytut Rozwoju Wsi i Rolnictwa PAN, Warsaw 2007, p. 59.
Ibidem, p. 79.
M. Markowski, MEN, Eurosieroctwo? Taki sam problem maj dzieci marynarzy, Gazeta Wyborcza, 6 November 2008.
235
236
influence of membership on indicators of poverty, social cohesion and the model of the
family seems irrefutable.
To what extent does the EU exacerbate, and to what degree does it lessen regional
differences? Has it been possible to get rid of the shameful division into a dynamically
developing Poland A and a backward, catching-up Poland B? In recent years significant investment funds have flowed into the Polish regions as part of structural funds and
the Cohesion Fund. Regional governments have had a degree of freedom in conducting
their policies for attracting foreign investment, workers, developing their science and
research facilities or promoting tourism. It turns out that Polands membership of the EU
(understood as a particular set of opportunities) has been taken advantage of to highly
varying degrees by regional authorities. Wealthy regions have made the most use of
membership, those with good transport links to Western Europe, and thus membership
has not had an impact on the scale and character of differences in the socio-economic
development of the country.
It is another question, whether Polands membership of the EU has in recent
years impacted on the difference in incomes. Expert opinions are divided on this issue.
The most reliable figures on this matter are those given in the above-mentioned report
Social diagnosis 2007, according to which the stratification of society has remained
the same in recent years. This also concerns such subjective factors as: satisfaction
with ones life and a feeling of happiness, the occurrence of pathologies (alcoholism,
drug addiction, crime) or stress. In a purely economic sense, economic stratification
has decreased.
Some people emphasize the uneven nature of Polish modernisation. In rural areas access to good schooling or health services was still difficult in the years 20042009. In
towns and cities social divisions were visible, as symbolised by the developments of secured housing estates. When discussing environmentally-friendly behaviour it is worth
emphasizing that their level has been connected with the ability to act to protect the
environment. There, where local government hasnt provided containers for segregated
waste, it has been difficult to engender the appropriate attitudes.
Overall, Polands membership of the EU has not been a deciding factor influencing the countrys socio-economic cohesion. The EU has, though, become a significant
point of reference in the collective consciousness.
236
237
Conclusions
After the Polish accession to the EU many trends and processes observed in Poland after 1989 intensified (flow of migration, improvements in the labour market and
general prosperity). In such spheres as education and economic migration, mobility,
working conditions or consumer protection Polish reality has evolved under the direct
influence of community regulations. Generally speaking, the changes in the Polish law
contributed to raising the level of protection guaranteed to citizens by public institutions
on varying levels. Thanks to EU investment in infrastructure new jobs have been created, while the wave of economic emigration has radically altered the context of Polish
labour market reform.
The past five years have brought improvements in many aspects of Polish social
life. This is confirmed by the indicators regarding mental states, prevalence of symptoms
of depression or feelings of happiness. Popular assessments of prospects for the future
have improved in a visible way. While explaining that fact directly by Polands membership of the EU would be an exaggeration, nevertheless, the socio-economic benefits
flowing from accession are definitely reflected in positive social attitudes.
In other areas (e.g. tourism, culture) the connections are more indirect, concerning changes in awareness and improving socio-economic status. For example Poles have
begun to perceive disability differently. The ways in which they understand the principles of a free press have changed, or the expectations they had of local authorities. The
spatial mobility of Poles undoubtedly contributed to the formation of an open society,
testing worn-out theories in daily contact with people from other cultures. The EU has
to a considerable degree contributed to these changes in social awareness, though other
factors should not be forgotten, such as globalisation, the mcdonaldisation of culture or
advances in the creation of a consumer society. Poles have, to an ever greater degree,
accepted the possibility of identification on many levels, where national patriotism is
supported by a feeling of Europeanness.
Social development in Poland in recent years has been characterised by a certain
asymmetry: the rapid improvement in living conditions has been accompanied by decidedly slower progress in the broadly understood public sphere. Civil society, after the
explosion of civic activity in the period immediately after the fall of communism, developed more slowly. Despite spending significant financial transfers in the framework of
237
238
the cohesion policy, it has not been possible to reduce the differences in socio-economic
development level in the country between eastern regions and central and western Poland. Wealthy regions benefitted most from membership, especially those with good
transport connections with Western Europe.
In the twenty years since Poland entered the phase of socio-economic change,
Polish society was confronted with two processes, partially overlapping, often occurring
one after the other. On the one hand, the change in system demanded the adoption of
often painful and demanding sacrifices in all spheres of public life the economic system
changed, the grey framework of communist reality disappeared, leaving the remnants of
stability. On the other hand, Poles could feel the effects of the above changes enjoy the
improvement in their living conditions, free enterprise, freedom to travel, to function in
a democratic state. The process of Polands integration with the EU can be understood
analogously (being essentially the crowning moment of systemic reform). From the beginning (in the pre-accession period) Polish society had to adjust to a new legal, political,
economic and social reality. In many areas they experienced a transformational shock.
After accession, in the years 20042009, the first positive effects connected with the functioning of Polish society within the European social and economic space could be felt.
Looking back in twenty years or so, the years 20042009 will most likely appear as the
beginnings of the long process of catching up with Western Europe in terms of social
and civilisational development.
238
239
Labour market and migration

Near the time of Polish accession to the European Union (EU) the freedom of
taking up employment in the Western European countries was deemed one of the key
benefits of the integration with the Communities to be noticeable in daily life. These
expectations have largely been met. However, looking back over the last five years it is
clear that labour migrations were only one of the elements of the complex post-accession
realities and employment-related processes.
Some methodological reservations should be mentioned here. When referring
to labour migration from Poland we should bear in mind that the determination of the
scale of post-accession emigration from Poland may be only rough. Mobility within the
European Economic Area (EEA) is not controlled, so any statistics are very approximate,
where the countries sending and receiving workers frequently apply various measures
to determine migration flows. In a time of circular or seasonal migrations, terms such as
permanent workplace or place of residence have become increasingly vague and no
longer fit in the realities of professional life in the enlarged EU.
The years 20042009 have seen a regular growth of the membership effect on the
labour market. This mainly applies to financial investments funded from the structural
funds. The first two years of the membership were in fact pioneering in many respects.
Staff shortages in the Polish administration coincided with the problems with fund absorption (excessively formalised procedures, central planning, red tape). It is not always
possible to clearly pinpoint the effect of labour market policy programmes on economy
and society, as investments in human capital usually pay off in the longer term. Similarly, it is not easy to demonstrate the relationship between the expansion of the active
employment policy and increasing productivity rates.
239
240
Macroeconomic trends
In the years 20042009, Polish economy was developing rapidly (although, towards the end of the period, a sharp slowdown could be observed), which translated
into processes in the labour market. The scale and structure of labour demand depended
largely on the economic growth which in turn in the previous years relied primarily on
private consumption and investments, For example, in 2006 and 2007 alone, the value of
investments grew (year-on-year) by 16.1% and 19.9%, respectively. Greater investment
activity resulted from many factors. Firstly, in the accession period many pro-development projects were being delivered (such as adjustment to the EU standards). Secondly,
projects funded from the pre-accession funds were initiated then. Last, but not least,
there was a broader stream of foreign direct investments flowing to Poland38. As for the
latter, most investments involved establishment of new enterprises, rather than acquisitions or restructuring of new ones. This affected employment growth scale in Poland.
At the turn of 2009, trends indicating decline of all the above factors could be observed. As for the situation of enterprises, in the second half of 2008 the global economic
crisis had an adverse effect of reduced demand for Polish products abroad and reduced
access to investment capital at home. Poland entered a phase of sluggish economic growth and the improvement in the Polish labour market situation slowed down.
Economic cycle was not the only factor affecting the situation in the Polish labour market (in particular the employment rate) in the years 20042009. To be precise,
there are three key factors conditioning the number of Polish workforce in the recent
years: demography (changes in the number of people belonging to the working age cohort), situation of enterprises (changes in labour demand) and labour market participation rate (more precisely, the ratio of the number of those working and the number of
inactive persons).
Polish labour market, in the years 20042009, has been increasingly affected by
the demographic ageing process. As of 2002, each following year there were less and less
young people entering the Polish labour market. While in 2001 there were 694,000 people willing to take up a job, in 2007 there were merely 554,000 of them39. An increasing
number of people were excluded from the labour market because of their old age from
38
39
240
Center for Social and Economic Analyses, Polska gospodarka tendencje, oceny, prognoz [PG TOP quarterly], Warsaw 2006.
Ministry of Labour and Social Policy, National Action Plan for Employment for 20092011, Warsaw 2008, p. 8.
241
13% in 1990 to 16% in 2007. This brought about specific challenges for the future. Thus,
regardless of the Polish membership in the EU, Polish economy and social insurance
system faced mounting demographic challenges.
In the economy affected by adverse effects of demographic ageing, low labour
market participation was of particular concern40. The labour market participation rate
dropped to 53.7% in Q1 2008. A good sign is that the falling trend has been largely stopped. The number of people inactive in the labour market in the years 20042009 was approximately at 14.515mln. In 2008, 50.1% of the professionally inactive were people in
their working age. Among members of this group, there were particularly many people
in pre-retirement age and women. Low rate of labour market participation in Poland
was apart from economic migration following 2004 one of the factors responsible for
labour market shortages (discussed in more detail below).
In the first half of 2007, there were 15m people employed on average, which
was 9% more than in 2002. In the years 20042008. the employment rate continued to
grow steadily. As a result of the global economic crisis, as of 2009 the number of people
employed in ceased to grow. In the years 20042009, the employment rate for men was
on average 10% higher than for women. People with tertiary education found employment much more often than people with primary or vocational education. Employment
rate depended largely on age rates for younger people (entering the job market) and
pre-retirement age were much lower than the rates for total working age population.
Employment structure has experienced the same fluctuations in the recent years the
role of the services sector grew at the expense of industry and agriculture. Irrespective of
positive trends, the share of people employed in agriculture (between 17.4% and 19.2%
in the years 20052006 depending on the measure used) dramatically differed from the
EU-15 average amounting at that time to 4.5%.
The structure of employment evolved in line with the education level. Since
2004, the proportion of people with higher and secondary education among those employed has increased (by 2.6 and 2 percentage points, respectively). In 2007, 23% of the
employed had higher education, 37% secondary education, 30% basic vocational education, 10% junior-secondary, primary or incomplete primary education41. In the years
20002006, the number of students at higher education institutions in Poland increased
by 40%. There were activities in Poland promoting the lifelong learning concept, in40
41
Labour market participation rate is the ratio of the total number of the registered unemployed and employed to the total population aged 1564.
Ministry of Labour and Social Policy, op.cit., p. 15.
241
242
volving extensive participation of people aged 2564 in non-school education schemes.

According to the available evaluations of progress, in the years 20052008 the EU leaders
in this area were Sweden, Denmark and the United Kingdom. Poland was at the bottom
of the country ranking, with 5% share of people aged 2564 participating in education
or training. Moreover, in Poland it was not the people with poorest qualifications, young
people or people in the pre-retirement age who sought further education, but rather the
best educated and qualified ones. The discussion on human capital continues in the following subsections on the employment policy and labour migration of Poles.
According to the estimates of the Ministry of Labour and Social Policy, the
highest growth of employment rate in the recent years has been seen in construction,
commerce, hotel and catering industry, all being branches significantly affected by the
Polish membership in the EU42. At the beginning of 2009, however, as an after-effect
of the global crisis, one could observe a drop in the employment rate in such sectors as
furniture manufacturing, household goods manufacturing and automotive industry43.
In some economy sectors, Polish labour market experienced labour force shortages.
Polish enterprises have started to report problems with recruiting and retaining employees
since mid-2006. In the end of 2007, this problem affected 15% of companies. In the years
20062008, deficiencies in labour supply were continuously mentioned by employers as
one of three main barriers for their companies development. In the construction industry,
one-fourth of companies had difficulties with recruiting workers. In the processing, transport and commercial sectors, one-tenth of companies reported personnel problems44.
Emigration of health care professionals in the years 20042009 was noticeable but
not mass-scale. Having in mind that it concerned some specialisations more than others,
the outflow of staff was acute in certain fields of medicine (e.g. anaesthesia, dentistry).
Emigration of doctors, nurses, dentists and other representatives of medical professions
was closely related to the situation in the Polish health care service, in particular with
the salaries and working conditions. Not without its importance was extensive recruitment of Polish nationals by receiving countries.
A natural consequence of reduced unemployment rate and labour shortage was
the upward salary pressure. In 2007, average gross monthly pay increased by 8.7% compared to the previous year. In the media, terms describing the situation as the employees
Ibidem, p. 14.
Dziennik, Dwa miliony ludzi bez pracy? Moe by gorzej, [Two million unemployed? Can get worse], 3 February 2009.
44
P. Kaczmarczyk, Wpyw czonkostwa Polski w Unii Europejskiej na procesy migracyjne i rynek pracy, [Effect of the Polish membership in the European Union on
the migration processes and the labour market], ekspert analysis ordered by UKIE, December 2008, p. 12.
42
43
242
243
market started to appear to emphasise the improving bargaining position of employees

in their relations with employers. Plans for further rises in 2008 have been partly modified due to the developments related to the global economic crisis.
Following Polish accession to the EU, the unemployment rate dropped to its record-low since 198945. At the end of 2008, state labour offices had 1,130,000 people registered; a year earlier there were 1,600,000 of them.
This reduction can be explained by a few factors.
Enterprises were recruiting new employees, using
the economys reserve resources. Moreover, in the
years 20052008 the number of redundancies continued to decrease by a quarter every year. It is not
unimportant that many unemployed and potentially unemployed decided to take up a job abroad. Some of the permanently unemployed stopped
searching for a job and were removed from the
unemployed register.
Unfortunately, in January 2009 the unemployment rate reached 10%. According to the estimates of the Ministry of Labour and Social Policy,
the rate of unemployment registered as at the end of
2009 will be approx. 1011.5%, depending on how
seriously the global crisis will affect Polish economy.
fig. TADEUSZ KROTOS
It is realistic to predict that the unemployment rate
would rise to 15%. In absolute terms, it would mean 200300k people more at the end of
201046. As a result, the number of the unemployed may amount to as many as 2mln people47.
Economists in Poland are not in agreement as to the actual scale of the labour migrations effect on the unemployment rate in Poland. According to Katarzyna Budnik of
the National Bank of Poland (NBP), the unemployment rate in Poland in a variant not
providing for the increased labour migrations following 2004 would be only 0.4 percentage point higher48. Opinion polls conducted in 2007 by Pawe Kaczmarczyk of the
Currently there are a few measures of the unemployment rate in use, based on different methodological assumptions. The employment services consider unemployed as persons meeting the criteria defined in the Act on Employment and Counteracting Unemployment, such as meeting the registration requirement and
the willingness to take up a job. In the BAEL methodology, the individuals in productive age meeting the following conditions: 1. Unemployed for at least 7 days.
2. Actively seeking job in the last four weeks. 3. Declaring willingness to take up a job within the next two weeks.
46
Gazeta Prawna, Fedak: Bezrobocie moe wzrosn o dwa procent, [Minister Fedak says: Unemployment may rise by 2 per cent], 8 January 2009.
47
Dziennik, Dwa miliony ludzi bez pracy? Moe by gorzej, [Two million unemployed? Can get worse], 3 February 2009.
48
K. Budnik, Search Equilibrium with Migration; the Case of Poland, Working Paper No. 44, National Bank of Poland 2008.
45
243
244
Centre for Migration Studies at the Warsaw University have shown that 47% of people
who decided to emigrate had employment at home; 22% were unemployed, and only
5% were professionally inactive49. This means that the decision to emigrate in most cases
did not result from the lack of employment at home (labour migrations are discussed in
more detail in one of the following sections). In 2008, the unemployment rate in Poland
could have been affected by returns of Poles from emigration, albeit to a small extent. It
should be expected that the growing number of returning migrants in 20092010 will
contribute to the growth of the unemployment rate.
Measurements of the labour market participation rate in 20042009 show a major
effect of labour migrations on the balance between job supply and demand. In the age
group of 2544 (usually the most active in the job market) a drop in the labour market
participation rate has been recorded. Professionally inactive people rarely decided to
emigrate, so a peculiar negative recruitment occurred individuals willing to quickly
take up a job more frequently decided to work abroad, hence the labour market participation rates for this group at home deteriorated50.
The issue of persistent, long-term unemployment distinguished Poland from other
Member States. In 2008, the unemployed were searching for a job on average for more
than 12 months. A certain improvement has been noted here: while in 2003 the share of
long-term unemployed in the job-seeker group was at 50.6%, in 2007 it was only 29.5%.
One of the problems of the Polish labour market was the limited special mobility
of labour which led to an uneven territorial distribution of the unemployment and employment rates. For instance in May 2008, the rate of unemployment registered in Warsaw was at 2.4%, while in the same province, in Szydowiec district, it was at 30.8%51.
Considering the increased emigration of Poles it seems a paradox that they would not
be willing to relocate and take up jobs in another region of Poland than their region of
residence. Surely an important role here was played by the poor quality and availability
of public transport services, underdeveloped rail and road infrastructure, as well as the
insufficiently developed real property trading market.
To summarise the issue of macroeconomic trends, in 20042008 the changes in
employment were largely of structural nature and independent of cycle-based fluctuations. In 2009, the situation changed due to a dramatic deterioration of economic situation
P. Kaczmarczyk (red.), Wspczesne migracje zagraniczne Polakw. Aspekty lokalne i regionalne, [Contemporary emigration of Poles: Local and regional aspects],
Centre of Migration Research, Warsaw 2008.
50
Ministry of Labour and Social Policy, op.cit., p. 40.
51
Ministry of Labour and Social Policy, Ibidem, p. 17.
49
244
245
at home as a result of the global crisis. The rates of labour market participation, employment, unemployment (including long-term) and human capital show that in spite of
the immense improvement in the recent years the structure of the Polish labour market
was still relatively unfavourable, also compared to other Member States. In this context,
it is worth emphasising in particular that the increase in the pool of potential workforce
(in the demographic sense, still more people entered the labour market than left it) was
accompanied by a decrease in actual job supply, deteriorating in spite of the growth of the
employment rate and salaries. One of the newer phenomena were labour shortages.
Employment policy and migration policy

At the moment of accession to the EU, Polish economy struggled against the
inefficiency of the process of balancing the job supply with job demand. State-of-the-art
employment agency and vocational advisory services were underdeveloped. There was
no comprehensive and coherent lifelong learning system. Active labour market policy
received only a fraction of expenditure on employment policy. No actions to prevent
unemployment were undertaken. Planning to adjust the employment structure to the
economys development needs was limited in scope. Integration with the Communities
brought about some changes in this respect.
When Poland became an EU member, it began to participate in the process of
developing and implementing the European Employment Strategy which resulted in the
National Action Plan for Employment and the National Reform Plan for 20052008. Although the problems of the Polish labour market did not disappear overnight, the Polish
authorities managed perhaps for the first time in the history of the Polish employment
policy to correctly identify many challenges and gather the planned actions into a coherent framework of strategic documents. Many recommendations and guidelines offered
by the European Commission were applied in Poland mainly in the form of the active
labour market programmes. Their role also grew because the dropping unemployment
rate (less people receiving unemployment benefits) allowed to save up more funds in the
Labour Fund budget for job training activities. In 2007, expenditure for active labour market instruments made up a half of total expenditure, while in 2002 it was less than 10%.
Additional funds from the European Social Fund were included in the budget
of the active labour market policy. Although the primary income source for the Labour
245
246
Fund in the years 20042009 were the contributions paid by employers, some 8% of
funds came from the ESF52.
For Poland, the European Employment Strategy was a useful forum for sharing experience and examples of good practices. At the European Commissions insistence, in the
reform of the Polish employment policy the flexicurity model was used to make the labour
law more flexible and increase the social security of the employees. Unfortunately, not all
labour market reforms or mobilisation instruments (co-funded by the EU) proved effective.
Such actions as support for running a business, training, internships, vocational preparation at
workplace to a varying degree helped in the transition from unemployment to employment.
It was worse with participation in intervention and public works and with the professional
advice and job agency services intensification of these assistance forms for the unemployed
brought no measurable effects being a reduction in the number of the unemployed. It would
frequently turn out that the policy prescriptions voiced at the Community level could not be
applied in Poland without a comprehensive restructuring of the labour market institutions.
The EU also influenced the Polish migration policy. On the one hand, we can
speak of its Europeanisation. This is because EEA nationals were allowed to settle and be
employed (except for transitional provisions) in the country. Poland, having become an
EU member, has accepted the Community acquis in the area of immigration and asylum,
as well as any practical aspects of the countrys participation in the Schengen zone. Migration policy concerning third countries has been reviewed in the process of adjustment
to the EU standards. Moreover, as a result of evolving situation in the job market (partly
resulting from the Polish membership in the EU) the approach of authorities to the issue
of settlement and employment of third country nationals in Poland was also evolving.
In the face of shortages in the Polish labour market, employment of nationals of
Polands neighbour countries, i.e. Belarus, Russia and Ukraine, has been facilitated. The
requirement of working permit has been abolished for people employed for a maximum
of 9 months (initially it was 3 months). At the beginning, it only applied to agriculture,
while later on the possibilities of employing these third state nationals were extended
onto other economy sectors. Another initiative addressed at the citizens of the former
Soviet Union was the Polish Charter. It is a document confirming Polish ancestry issued to individuals able to prove their Polish descent and having emotional ties with the
home country. The Polish Charter holders gained access to the labour market on the
J. Bieliski, M. Bober, M. Sarzalska, J. Zawistowski, Aktywne polityki na elastycznym rynku pracy, [w:] [Active policies on flexible job market, in:] M. Bukowski (red.),
Zatrudnienie w Polsce 2007. Bezpieczestwo na elastycznym rynku pracy, [Employment in Poland 2007. Security on a flexible job market], Warsaw 2007, p. 136.
52
246
247
same terms as Polish citizens. As of end 2008, approx. 3,000 of such documents have
been issued; in the early 2009 the interest in the Polish Charter increased.
Another very important aspect of the Polish migration policy was to keep in
touch with Polish diasporas abroad, and measures addressed at the returning emigrants.
In 2007, the Ministry of Foreign Affairs launched the Closer to work, closer to Poland
programme aimed at improving the quality and availability of consular protection for
Poles. Under this programme, the network of diplomatic agencies has been expanded,
the standard of consular services improved for instance by distributing information on
the living and working conditions in a specific country. In 2008, a Working Group for
Reemigration with the Interministerial Team for Migration was created. The Ministry
of Labour and Social Policy as well as the Ministry of Interior and Administration were
particular contributors for this group. In November 2008, an information campaign on
living conditions in Poland and return-related facts was launched. A web site (www.
powroty.gov.pl) and a guide for returning emigrants Powrotnik were launched as
well. Substantial interest of Poles abroad in the campaign early in 2009 indicated that
many people were seriously considering returning to their home country.
Generally speaking, EU membership has changed the context in which the Polish administration dealing with labour market processes operated. This concerned both
the Community acquis as well as soft cooperation instruments at the European level
such as the European Employment Strategy. Migration and employment policies became
more coherent. Many strategic documents defining the framework of action in the following years have been developed.
Structural funds
The impact of structural funds on the Polish labour market was twofold in nature: on the one hand, investments under the cohesion policy were related to general
macroeconomic trends that emerged as a result of the membership. On the other, the
Community funds co-financed the delivery of projects under the labour market policy.
As for the former, the general influence of structural funds on the labour market was
moderate. According to the estimates of the Ministry of Regional Development (MRD),
noticeable effects can be expected as late as after 2010 which is due, but not exclusively,
to the fact that the investments are always launched with some delay. The use of Com-
247
248
munity funds in 20042007 contributed to the creation of 123320,000 jobs. This would
mean that 1520% of all new jobs were created thanks to EU funds.
At the end of 2008, structural funds also became one of the government-declared
instruments of preventing adverse effects of the economic crisis, in particular in the context
of their employment-generating role. Early in December 2008 the government adopted the
Plan for stability and development strengthening of the Polish economy in the face of
the global financial crisis which assumed that by the end of 2009 Poland would spend at least 16.8bn PLN from EU funds. It was predicted that in 2009 the pool of funds available for
innovative investments of large companies would be increased. As a result, instead of 1.5bn
PLN, the companies in 2009 would be able to receive 2.5bn PLN for their projects53.
In 20042007, the scale of funding obtained from structural funds continued to
grow: from 1.8bn PLN in 2004 to 13.1bn in 2007 (amounting to 1.1% of GDP). By October 2008, expenditure amounted to 28.4bn, of which 4.6bn PLN was allocated for the
Sectoral Operational Programme Human Resources Development54. In 20042007 the
number of projects delivered partly using the funding from structural funds amounted to
7,400 (totally amounting to 8.7bn PLN).
The projects concerned education and vocational training, support of the employees adaptive potential, stimulating entrepreneurship, as well as combating social
exclusion and discrimination. It is worth describing in some detail a few of them: 1.2bn
PLN was spent on equipping school computer rooms; 374mln PLN was the cost of the
equipment that facilitates education of students with special education needs; 11mln
PLN was invested in IT infrastructure of state administration (for the purposes of the
Information System of the Public Employment Services)55.
Assistance under programmes co-financed by the ESF by the end of 2007 covered
1.1mln people, both unemployed and employed. The aid concerned job seeking, changing or improving professional qualifications, training, internships and various vocational apprenticeships.
In 2007, a new programming period began, in which the basis for expenditures
became the strategic document of the Polish government National Strategic Reference
Framework for 20072013 (NSRF). In this period, EU subsidies will amount in total to
Polska Agencja Prasowa, Biekowska: na kryzys fundusze, [Minister Biekowska says: in a crisis funds can help], 29 December 2008.
Ministry of Regional Development, Wykorzystanie rodkw z funduszy strukturalnych i Funduszy Spjnoci w ramach Narodowego Planu Rozwoju 20042006
oraz Narodowych Strategicznych Ram Odniesienia 20072013 [The use of money from structural funds and Cohesion Fund under the National Development Plan
20042006 and National Strategic Framework 20071013], Warsaw 2008.
55
Ministry of Regional Development, Ocena postpw Polski w konwergencji z krajami UE oraz wpyw funduszy unijnych na gospodark w latach 20042007 [Evaluation of Polish progress in convergence with the EU countries and the effect of EU funding on the economy in 20042007], Warsaw 2008.
53
54
248
249
66bn PLN. For the Human Capital operational programme, the allocation of 10bn PLN
has been provided. The NSRF contains a study (combined with a forecast) evaluating
the effects of implementation of programmes concerning infrastructure, natural environment and labour market in 20062020, always with the subsidies from structural
funds. It turned out that although the funds had an insignificant influence on the unemployment rate in Poland in 2006, at the end of 2009 it will already be noticeable at 0.5
percentage point. In 2013, owing to NSRF implementation, the unemployment rate will
shrink twofold (11.6% in the variant without NSRF, and 6% with NSRF). These forecasts may be deemed realistic, however, only if the adverse effects of the global economic
crisis in Poland will get less severe.
In the following years, the influence of the structural policy on the unemployment rate will continue to diminish. By 2013, owing to NSRF implementation, nearly
1 million of jobs will be created, of which 250k is expected to be created by the end of
2009. Also efficiency in the Polish labour market will increase the effect of structural
funding will be noticeable in particular in the years 20102013. In 2009 it was noticeable, at 0.5 percentage point56. Very importantly, the above-quoted MRD study shows
that the inflow of Community funds in the years 20132020 will mostly affect the development of regions with relatively most backward economies. It will be an opportunity
for reducing the countrys uneven distribution.
To conclude the structural funds aspect, it must be noted that in 20042009 an
extensive investment programme was launched concerning infrastructure, natural environment and employment. A million people were trained, a hundred and a few dozen
thousand new jobs were created. The effect of these actions on the primary labour indexes has so far been moderate. More significant effects on employment, unemployment
and efficiency should be expected in the following years, assuming that the economic
situation in Poland gradually improves.
Migrations abroad
The intensified migration flows from the Central and Eastern European countries was affected by two primary factors: firstly, these countries nationals gained easier
It is difficult to clearly determine at the moment whether the targets quoted above have been met. Complete data for 2009 will be available as late as in the following year in 2010. See. Ministry of Regional Development, Narodowe Strategiczne Ramy Odniesienia 20072013 wspierajce wzrost gospodarczy i zatrudnienie,
[National Strategic Framework 20072013 supporting economic growth and employment, Warsaw 2007.
56
249
250
access to legal employment in the Western European countries (legal and institutional
aspects). Secondly, there were conditions related to job supply in the EU-8 member
states and job demand in the EU-15 states which were conducive to migrations (socioeconomic aspects). Both these factors are discussed in depth below.
The terms of labour flow between the old Member States (EU-15) and the new
Member States which joined the EU in 2004 (EU-10) have been legally established in
the accession treaty. In the EU-8 countries (Malta and Cyprus were excluded) transitional regulations were introduced in the 2+3+2 formula (the numbers refer to the
periods in which the transitional regulations apply, in years). Under the above model,
the EU-15 countries could choose by 1 May 2004 to lift or maintain the barriers in
their labour markets. As shown in the table below, in 2004 only Ireland, Sweden and
the United Kingdom deemed the transitional period unnecessary, introducing free
flow of labour in mutual relations. By way of a digression, it could be added that the
United Kingdom and Ireland introduced the obligation of registration and deprived
the new Member States nationals of the entitlement to some elements of their social
security systems.
After two years of the transitional period, according to the provisions of the accession treaty, the EU-15 countries which had not opened their labour markets initially, would decide whether to extend the restrictions. Flow of labour between the EU-15
and EU-8 was also discussed by the EU Council for which the European Commission
prepared a report on the functioning of the transitional regulations. In April 2006, Finland, Greece, Spain and Portugal (Iceland from among the EEA member states) announced liberalisation of the workforce flows, thus joining the group of countries where
Poles were not required to apply for a work permit. In the next months more countries
followed, including the Netherlands, Luxembourg, then France and Italy. For some
groups of employees also Denmark opened its labour market. Germany, Belgium and
Austria have chosen to introduce major facilitating measures which are, however, based on the assumption that, as a rule, the work permit requirement still applies. It is
worth noting that the restrictions in the access to labour markets for Bulgarian and
Romanian nationals were introduced by most EU-15 countries and a minority of the
EU-10 countries.
In November 2008, the Commission published another report evaluating the effects of implementation of free flow of labour on the territory of the enlarged EU. Pursuant to the accession treaty, after five years of accession to the European Union (on 1
250
251
May 2009) Poland will be covered by the free flow of labour57. In justified cases (major
disturbances in the labour market or an inevitable risk thereof), EU-15 Member States
will be allowed to extend having presented studies confirming their concerns the
application of transitional regulations. Probably only Austria and Germany will choose
to uphold their reservations, and extend the term of transitional regulations until 2011.
In the 2+3+2 model several additional issues have been agreed on. Firstly, Poland
could introduce symmetric solutions for nationals of the countries restricting employment of Polish nationals. Polish government exercised this right in the years 20042007.
Secondly, a rule of Community priority has been introduced, stipulating that regardless
of the transitional regulations concerning Polish citizens, the Member States cannot treat Poles more restictively than any third country nationals. Thirdly, restrictions of free
flow of persons could not be more stringent than those provided by the legislation in
force at the date of Polish accession to the EU. In the years 20042006, it was important
particularly in the context of mutual agreements on exchange of workers with Germany, France, Spain and Belgium, favourable to Poland. Polish citizens and their families
legally employed in any Member States were successively obtaining full rights of access
to the labour market, in line with their seniority. Finally, the transitional period did not
apply, as a rule, to the flow between the new Member States.
The years 20042007 were the time of unprecedented growth in mobility of Poles
the number of emigrants as estimated by the Central Statistical Office grew in that time
from approx. 1 mln to 2.3mln58. It is estimated that 80% of them left the country for
income-related purposes (other reasons for emigration were the familyreunification and
studying abroad). The greatest outflow of employees from Poland occurred in 20052006
(when 450,000 and 500,000 people, respectively, left for work). In 2007, the emigration
wave began to stabilise at the level of 320,000 people annually. This is confirmed by the
data gathered by the Economic Activity Survey (BAEL) and the recording systems in the
host countries (such as the British Workers Registration Scheme). For example: while in
Q3 2006 there were 45,000 people taking up a job in the UK for the first time, in the same
period of the year 2007 approx. 37,000 people registered59.
European Commission, Effects of the free movement of workers in the context of the EU enlargement. Report on the first stage (1 January 2007 to 30 December 2008)
of functioning of transitional provisions stipulated in the Accession Treaty of 2007 and pursuant to the requirements of transitional provisions stipulated in the Accession
Treaty of 2003, Brussels 2008.
58
Central Statistical Office, Informacja o rozmiarach i kierunkach emigracji z Polski w latach 20042007 [Information on the sizes and directions of emigration from
Poland in 20042007], Warsaw 2008.
59
A. Fihel, P. Kaczmarczyk, P. Mackiewicz, M. Oklski, Poland a country study, [w:] H. Bruecker (red.), Labour mobility within the EU in the context of enlargement
and the functioning of the transitional arrangements, Warsaw 2009.
57
251
252
Table 1. Member States policy towards employees from the new Member States
Member State
EU-15
EU-2
Restrictions with concessions
Denmark
Germany
Restrictions with concessions*
Ireland
Free access (after 1 May 2004)
Restrictions
Greece
Restrictions
Spain
Restrictions
France
Free access (after 1 July 2008)
Italy
Free access (after 27 July 2008)
Free access (after 1 November 2007)
The Netherlands
Restrictions
Austria
Restrictions with concessions*
Portugal
Restrictions
Finland
Free access, then registration for

monitoring purposes
Sweden
Free access
The United Kingdom
Restrictions
The Czech Republic
No restrictions based on mutuality principle
Free access
Estonia
Free access
Cyprus

monitoring purposes
Latvia
Free access
Lithuania
Free access
Hungary
Restrictions based on mutuality principle
Malta
Restrictions
Poland
Free access
Slovenia

monitoring purposes
Slovakia
Free access
Bulgaria
No restrictions based on mutuality

principle
Romania
No restrictions based on mutuality

principle
* The restrictions also apply to delegated employees from certain sectors.

Source: European Commission 2008.
252
Employees from BG and RO/EU-25
Belgium
Luxembourg
EU-10
Employees from EU-8/EU-15
253
In the years 20082009 the emigration wave in Poland not only kept diminishing
but also a growing number of Poles decided to return to Poland60. This applied especially
to Ireland and the UK where the global economic crisis was particularly acute. In the
first months of 2009, in Lindsey oil refinery in England there was a wave of strikes,
supported by solidarity actions and protests in other factories mainly in the energy and
petrochemical sectors61. The protests were against the foreign workforce, including nationals of the European Union Member States.
In the United Kingdom, the drop of the pound sterling exchange rate was also
of major importance. Both forecasts by analytical institutions and public opinion polls
conducted among Polish communities on the British Isles indicated that half of the immigrants from the EU-8 countries, including Poland, is expected to leave Ireland and the
United Kingdom62. According to one of Irelands largest private job agencies, between December 2008 and December 2009 1,000 Poles per week will be leaving Ireland. According
to the quoted study, of the 200,000 Poles living in Ireland one-third will leave within 12
months time. Unfortunately, it is impossible to determine and forecast the scale of this
phenomenon precisely due to the lack of regular monitoring of departures from countries
receiving employees from Poland. It should be noted that not all Polish migrating workers leaving their current country of employment will go back to Poland many of our
fellow citizens choose to take up jobs in such countries as Norway, France and (the until
now keeping its job market barriers) Denmark. It should also be noted that the deteriorating economic situation at home will be stopping the wave of comebacks from abroad.
Following Polish accession to the EU, the main migration wave concerned affected countries which chose to fully open their labour markets as early as in 2004. In the
years 20022007, the number of people leaving for the United Kingdom increased thirty
times, and to Ireland a hundred times. The rate of emigration to Germany also kept
growing, though much more slowly. The growing importance of Spain and the Netherlands as the target emigration countries also requires attention. Emigration for work to
Italy remained at a stable level. From non-EU countries, Poles would frequently choose
Norway and Iceland as their destinations (until the economic collapse in the latter country in 2008). Polish membership in the EU also reduced the number of people emigrating
to non-European countries such as the United States or, to a lesser extent, Canada.
The Times, Tides turn as Poles end great migration, 16 February 2008.
The Times, Mandelson hits strikers with xenophobia jibe, 3 February 2009.
62
Por. The Irish Independent, Almost 70, 000 Poles to return home within a year, survey shows, 8 December 2008, The Times, Tides turn as Poles end great migration,
16 February 2008.
60
61
253
254
Table 2. Polish citizens living temporarily63 abroad selected EU countries, 20042007*

Country/region of destination
2002 (May)
2004
2005
2006
2007
Total
786
1000
1450
1950
2270
EU-27
451
750
1170
1550
1860
Austria
11
15
25
34
39
Belgium
14
13
21
28
31
France
21
30
30
49
55
Germany
294
385
430
450
490
Ireland
15
76
120
200
Italy
39
59
70
85
87
The Netherlands
10
23
43
55
98
Spain
14
26
37
44
80
Sweden
11
17
25
27
The United Kingdom
24
150
340
580
690
* Unless indicated otherwise, these are year end data.

Source: Central Statistical Office, 2008.
It is difficult to define the sociodemographic profile of individuals taking up employment abroad following 2004. The key characteristics of the typical Polish migrant worker are
discussed below. However, one should remember that it is a far-reaching generalisation in
fact, intensified emigration has been recorded for all sociodemographic categories.
In the years 20042009, emigrants from Poland were usually young people, sometimes just starting their professional career. Their destination were especially the
English-speaking countries Ireland and the UK (average emigrants age was 26). Individuals emigrating to Germany were on average 8 years older (34 years). They were relatively more often men, although, over time, the share of women in the Polish emigration
increased. In some countries (Italy) it was women who mostly emigrated since the very
beginning. While the largest group among Polish emigrating workers were people with
vocational education, in the post-accession period the share of people with tertiary education was gradually growing. Among the emigrants to the United Kingdom one-fourth
held a higher education degree, and to Germany only one-tenth64.
For the Polish labour market it is important that the emigrants compared to the
total labour force in Poland had relatively high professional qualifications, desirable
Temporary stay in the years 20022006 means a stay longer than 2 months, and in 2007 longer than 3 months.
A. Fihel, P. Kaczmarczyk, P. Mackiewicz, M. Oklski, Poland a country study, [w:] H. Bruecker (ed.) Labour mobility within the EU in the context of enlargement
and the functioning of the transitional arrangements, Warsaw 2009.
63
64
254
255
skills and characteristics (command of a foreign language, entrepreneurial skills). Unfortunately, they would usually find employment much below their qualifications in construction industry, farming, household services or hotel industry.
Frequently, migration networks would decide of the country of destination for
some Polish people. For instance, the residents of the Opole province would usually
choose to emigrate for work to Germany. Different regions of Poland had diverse migration potential. Relatively higher intensity of emigration was found in the poorly urbanized regions with a large share of agricultural farms. Relatively large number of people
would emigrate from the Podlaskie, witokrzyskie and Zachodniopomorskie regions.
The share of Mazowieckie and Maopolskie regions would decrease65. It can be therefore
ascertained that as a result of Polish membership in the EU, mostly the inhabitants of
regions so far poorly connected to other countries would emigrate to the Western European countries.
There are also other noteworthy factors, such as a general demand for labour
force in a receiving country, or the migrants command of local language. Restrictions in
the access to the labour market (the case of Germany), if effective at all, only delayed the
adjustments in the labour market. They might have even adversely affected the scale of
illegal employment66.
According to the BAEL survey, the time of stay abroad for Polish people was gradually extending in the years 20042007. Initially, around the time of the accession, 5565%
of the emigrants were only temporary (stays shorter than 12 months). In 20062007, the
number of long-term emigrants kept growing although one should not draw too far-reaching conclusion from this. The situation of Poles abroad largely depended on the employment opportunities, exchange rates of the currencies in the host countries, personal
reasons. All of the above factors could advocate emigration or return home.
Some Polish migrating workers took up jobs without a permit. Most of people
in this group worked illegally at their own choice, using informal migration channels
developed over the decades. This applied mostly to such countries as Germany and Austria where work immigration traditions are very long, and which are countries close to
Poland in cultural and geographical terms. Moreover, some Polish citizens failed to meet
the obligations of registration and legalisation of their stay due to lack of knowledge of
the language or ignorance of the procedures.
65
66
P. Kaczmarczyk, op.cit., p. 24.

European Commission, op.cit., p. 10.
255
256
Table 3. Contemporary emigration from Poland opportunities and threats

Opportunities
Threats
In the time when there were many school graduates

entering the labour market and many companies were
undergoing restructuring, the surplus of labour force was
exported. The risk of permanent inactivity of considerable number of workers was thus avoided.
Some sectors and companies experienced labour shortages. This affected quality and availability of many
services, such as car repair or dentistry. The weaknesses
of the Polish education and vocational training system
made it difficult to replace the specialists with newly
educated employees
Polish labour market has become an employees market.

Employees rights were more respected. Employers started to compete for employees, through better working
conditions and higher salaries.
Before the global economy headed towards recession,

a pressure for pay rises occurred in Poland. Pay rises
inevitably led to increased labour costs which could
result in the reduced level of foreign direct investment
and higher inflation. The problem was exacerbated by te
economic slump.
Many people left for educational purposes. Migrating

workers obtained skills and professional qualifications
abroad. In one word, Poles were coming back home
richer with knowledge and new experience. Functioning
in an international environment itself was an immensely
positive factor, resulting in more informed worldviews,
more tolerant attitudes etc. Thus the migrations contributed to transfer of human capital and its accumulation.
When many Poles decided to settle abroad permanently,

there was a serious risk of losing valuable human capital.
People educated in Poland translated their experience
and diplomas into economic success of their host countries. Moreover, in the case of people working below
their competences, one could speak of brain waste, i.e.
depreciated qualifications.
For people unaccustomed to the Western European labour markets, their stay abroad was a positive shock. New
models of professional careers, hitherto rare in Poland
forms of performing work, management and business
running methods etc. became more widespread.
Starting work abroad frequently involved many inconveniences having their economic cost. Travel, renting a flat
abroad, transport of belongings, , getting accustomed to
the new environment translated into lower net earnings,
at least in the first period of the stay abroad.
Workers migrating abroad would break mental and technical barriers related to the departure. It is likely that
the experience gained this way will make the returning
emigrants more willing to migrate internally, within the
countrys territory.
At the regional and local level the scale of imbalance

increased. In some municipalities and small towns there were difficulties in finding service providers, which
affected the investment level (e.g. construction investments).
Lower pressure on the labour market, partly related to

Mostly young people would leave abroad. In the follothe outflow of workers abroad, meant new possibilities
wing years this may adversely affect the demographic
in the employment policy. The role of active instruments situation.
of the labour market policy grew considerably.
Remittances translated into economic growth by demand Remittances entailed the risk of increasing threat of
stimulation.
permanent inactivity. Families receiving money would
frequently go into inertia. Educational problems with
children left without sufficient parental care (so-called
Euro-orphans) started to intensify.
Remittances had a positive effect on social cohesion,
contributing to a better quality of life in communities
that had so far benefited little from the Polands economic growth in the recent years.
Source: Own analysis based on Kaczmarczyk, 2008.
256
Remittances had an adverse effect of income disparities.

Families without any relatives abroad would sometimes
have limited possibilities of economic life participation,
in particular in communities were income from remittances kept whole local communities afloat.
257
There were incidental cases of forced work of the Polish people. Such situations
were encouraged by: lack of knowledge of the language, nave trust in job agents and
poor economic standing. In a few notorious cases, the transfers and slave work of Poles
in labour camps was arranged by mafia structures. Polish citizens were required to work
off the debt, being the alleged cost of recruitment and transfer to the working site.
Influence of migrations on the labour market processes and social cohesion was
complex, which is clearly illustrated by the table below. It is extremely difficult to formulate a clear evaluation of the migration processes, balancing such factors as the new professional career models on the one hand and the so-called Euro-orphanhood on the other.
It is worth commenting some of the above socioeconomic consequences of the
increased migration flows following 2004. The basis for evaluation of migrations following 2004 will be the returns of Poles from abroad. The advantages will, therefore, be
in absolute majority if the relationships of Poles with the home country is maintained,
especially if most of the workers decide to return.
When formulating conclusions on contemporary Polish migrations one should
also note that the platform for comparisons should not be the idealised picture of the
labour market but the hypothetical variant of the processes which would have occurred
if Poland had not joined the EU. For instance, the unemployment rate at home would
have been higher, with all its consequences for social cohesion, population incomes,
professional desactivation process, etc.
Flow of remittances in 20042007 increased twofold, from 10bn to 20bn PLN.
According to the estimates of the National Bank of Poland (NBP), the greater inflow of
funds came from individuals staying abroad for more than 12 months. The transfers would be sent mainly from Germany (29%), with a growing share of the UK (12% in 2007)
and Ireland (5%). At the same time, in a report published in 2007 by the World Bank,
Poland came out relatively low in the ranking of countries to which funds from families
would be sent. According to the data of the World Bank, value of the transfer increased
from 2.7bn USD in 2004, through 3.5bn in the following year, to 4.4bn USD in 2006.
Obviously, the above data should be treated as approximate, not reflecting the actual
scale of financial flows. Public opinion polls show that money transferred from abroad
would be spent on living (50% of respondents), buying fixed assets such as cars (37%),
buying and renovating apartments (25%)67. 20% of families saved up the income from
The percentages must not be summed up, as the study allowed indication of more than one purpose for spending foreign funds. Szerzej na temat badania ror.
P. Kaczmarczyk, op.cit., p. 24.
67
257
258
family members abroad, also as deposits. What gives some ray of hope is that 30% of the
respondents spent these funds on their own education and education of their children.
Generally speaking, the transfers had on the one hand a modernising nature
dwelling and education expenses carry a development potential. On the other hand, they
played a social role, improving the financial standing of Poles and as a result of the multiplier effect contributed to stimulation of economic activity in local communities.
Summing up, it can be said that two factors were decisive for increased migration flows following 2004: the institutional factor (opportunity to be legally employed
in most of the EU-27 countries) and the socioeconomic factor (job supply and demand).
Poles would take employment relatively more often in those countries that lifted the requirement of work permit or significantly liberalised the access to their labour markets.
In general, the migration wave in the years 20042009 can be defined as a gradual spillover on the European labour market. At that time, the dynamics of mobility, its nature
(e.g. seasonality) as well as the sociodemographic profile of workers and their regions of
origin and countries of destination kept changing.
Effect of migrations on the countries of destination

The statistics show that the share generally speaking of nationals of countries
that joined the EU in 2004 living in EU-15 countries increased from 0.2% in 2003 to
0.5% at the end of 2007. At the same period, the number of Bulgarian and Romanian nationals living in the EU-15 increased from 0.2% to 0.5%. Most of the migrating workers
from the new Member States that joined the EU in 2004 (mostly from Poland, Lithuania
and Slovakia) settled in Ireland and the United Kingdom, while the key countries of
destination for Romanians were Spain and Italy68.
In the countries which opened their labour markets for EU-8 nationals, consequences for labour markets resulting from the enlargement were relatively most noticeable. Many analyses show that the 2004 enlargement had a positive, albeit moderate,
effect on the economic growth rate in the United Kingdom69. The gross domestic product
was on average 0.4% higher compared to the variant without the enlargement taking
place. In some sectors this index was much higher. No direct correlation was observed,
68
69
258
Free movement of workers is good for Europes economy, Europa RAPID press release, 18 November 2008.
K. Barysch, Enlargement two years on: economic success or political failure?, Centre for European Reform, April 2006.
259
however, between the growth in the number of immigrants in the British labour market and the unemployment rate70. Worker flow was accompanied by a growing trade
exchange. Nevertheless, profits in macroeconomic scale may in some cases mean problems for local communities.
Migrations from EU-8 countries helped to fill vacancies in specific areas71. New
job opportunities were created in construction, household services or hotel industry.
New enterprises, set up by the EU-8 nationals, were created in EU-15 countries. No fears
about social tourism were confirmed employment rate of EU-8 nationals in EU-15 countries stayed at the same or higher level as in the case of domestic workers. EU-8 nationals were relatively well educated, held desired qualifications and were well motivated
for work. Compared to host country nationals, immigrants were more enterprising and
socially mobile.
Considering the mass character of immigration, it is not surprising that some absorption shocks occurred in local job markets. For example in the United Kingdom in the
first two years of membership 75% of EU-8 nationals received remuneration at the level
of the minimum wage (4.5 6 pounds). It had its effect on restraining wage appetites of
the native workers who earned less than 6 pounds per hour (around a quarter of workers)
In Southampton, construction workers wages in years 20052006 dropped by half72. It
has particular consequences for the social security system and social exclusion rates.
EU-8 nationals paid in more to the state budget than received from it in the form
of benefits and services of social security system. For example: in the United Kingdom
around 6 thousand people applied for benefits from the social service and unemployment
benefit between May 2004 and June 2006, out of which almost 800 were admitted for the
application procedure73. On a regional and local scale, it is hard not to notice that some
institutions (e.g. employment agencies and grammar schools) shouldered additional responsibilities such as administrative and technical support for immigrant communities.
Intensified migrations had an effect on employment in host countries, and also
in other areas. For example in some Nordic countries, Sweden included, traditional
model of employment policy, in which there is no minimum wage in economy, is
used. Only autonomous collective labour agreements exist between employees and
employers in particular sectors. Along with the influx of workers a question arose
Department of Work and Pensions, The impact of free movement of workers from Central and Eastern Europe on the UK labour market, London 2006.
For instance, the immigrants make up more than half of the 2,000 dentists employed in the British health care in the last year (of which 25% are Polish citizens).
See also. The Independent, They come over here and fix our teeth: foreign workers help to ease dentist crisis, 24 August 2006.
72
The Economist, Second Thoughts, 26 August 2006.
73
Department of Work and Pensions, The impact of free movement of workers from Central and Eastern Europe on the UK labour market, London 2006.
70
71
259
260
whether resolutions concerning minimum wage provided for in collective agreements,

should they not be stated in national labour law, are obligatory for enterprises which
did not sign such agreements. The media commented on a case of workers from Latvia
employed in Stockholm in the construction sector. Laval un Partneri company did
not agree to sign a collective agreement in the Swedish construction industry, which
meant that it did not feel bound by its regulations. In a protest against as they argued
breaking workers rights, Swedish trade unions blocked access to the construction
site, which made the company bring the case before the court, and eventually the case
was referred to the European Court of Justice. The ECJ judged that Laval company had
the right not to sign the collective agreement. It means that in the line of ECJ rulings
the principle of free flow of labour has been recognized as a foundation of the domestic
market. Nordic countries not without protests were forced to accept this interpretation of Community law.
When it comes to a place of EU-10 nationals in communities of host countries,
it is worth mentioning that immigrants from new Member States were usually younger,
which led to an alleviation of the mounting demographic problems. For example, thanks
to liberalization of labour flow from UE-8 following 1 May 2004, percentage of population in working age grew in the United Kingdom at its fastest in the last 20 years.
Generally speaking, immigrants from EU-8 countries integrated well in the communities of host countries. There were incidental cases in which Poles working abroad
fell victim to crimes and frauds. West European media often exposed the crime of forced
labour (also women forced to prostitution) and homelessness of Polish citizens. Considering the scale of migration, however, these were few and far between.
Regardless of economic studies confirming benefits of free flow of labour, the deteriorating economic situation at the turn of 2009 caused that communities that receive
workers from EU-8 countries expressed critical comments concerning the migration.
The subject was broadly discussed in the press. For example in the Daily Star of 13 January 2009 an article entitled Poles go back but the Brits pay the price74 was published.
The authors untruthfully wrote that thousands of Poles receive special benefits to
pay the costs of travelling to Poland. According to Daily Mail, the costs of the operation were at the level of one million pounds. Despite the recession, in some countries the
communities were largely aware of benefits brought with free flow of labour. For example in Switzerland, in February 2009 citizens decided in a referendum (votes in favour
74
260
Daily News, Poles go back but the Brits pay the price, 13 January 2009.
261
amounted to almost 60% of all votes) to open the domestic job market for nationals of
countries which joined the EU in 2007, i.e. Bulgaria and Romania75.
To sum up, it can be said that influx of workers, from Poland and other countries
which joined the EU in 2004, to EU-15 countries, was in many respects unprecedented.
In the course of only few years, a few million people decided to move to another Member
State. The consequences of the increased flows affected economy: growth rate, inflation,
unemployment and broadly understood competitiveness. At the level of enterprises and
local communities the migration wave translated into filling gaps in the labour market,
decreasing salary pressure as well as changed the condition of certain sectors, such as
local real property market76. As of the second half of 2008, during economic recession in
Western Europe, many Poles decided to return to Poland, which led to a reduction of
tensions in the labour markets of EU-15 countries.
Conclusions
Five years of Polish membership in the EU were primarily marked by a by systematic improvement of situation in the job market. Economic upswing, partly caused by
accession to the EU, led to an increase in employment and decrease in unemployment
rates. In 2009, one could observe deteriorating market conditions having an effect on
employment. Some changes in the Polish job market in 20042009 were related to objective circumstances such as demographic changes or market conditions.
The rates of labour market participation, employment, unemployment (including
long-term) and human capital show that in spite of the immense improvement in the
recent years the structure of the Polish labour market was still relatively unfavourable,
also compared to the other Member States.
Polish membership in the EU was not without effect on the employment policy.
This concerned both the Community legal order as well as soft cooperation instruments at the European level such as the European Employment Strategy. Migration and
employment policies became more coherent. Many strategic documents defining the
framework of action in the following years have been developed.
Euractiv, Populist defeated In a Swiss EU labour poll, 9 February 2009.
More than a half of the surveyed British landlords noticed the positive effect of the increased demand from EU-8 nationals. See also Migration Bulletin, Centre
of Migration Research of the University of Warsaw, February 2006.
75
76
261
262
In 20042009, an extensive investment programme was launched, concerning

infrastructure, natural environment and employment. A million people were trained,
a hundred and a few dozen thousand of new jobs were created. The effect of these actions on the primary labour indexes has so far been moderate. More significant effects
on employment, unemployment and effectiveness should be expected in the following
years.
Despite the popular belief, the influence of migration on the labour market indexes was moderate. At the same time emigration of Poles had significant consequences
for the Polish society. These consequences were revealed in such various phenomena as
salary pressure, new professional career models or improvement of income situation of
Polish families. A comprehensive assessment of the migration process is extremely difficult, also because many consequences of the increased migration flows will be noticed in
long-term perspective. Much will depend on the scale of returns from abroad. Assuming
the alternative for free flow of labour would have been Poland developing outside the
EU, dynamic improvement in the Polish labour market would not have taken place.
Polish accession to the EU also revealed some of the problems in the Polish labour market. Workforce was structurally misaligned with the conditions of contemporary
management which is the result of inadequate education policy and vocational trainings
in the past. After many Polish citizens had exercised their right to be employed in Western European countries, it turned out that despite the large number of the unemployed labour surplus is small and shortages appeared in some sectors of the economy.
In the countries which opened their labour markets to EU-8 nationals, consequences for their markets resulting from the enlargement were relatively most noticeable.
Many studies show that the 2004 enlargement had a positive, albeit moderate, effect on
the economic growth rate in these countries.
262
263
Accession to Schengen and internal security

Fostering of cooperation in the area of internal affairs and justice is perceived
as one of major benefits ensuing from Polands accession to the EU. Enlargement of the
Schengen area was certainly the most significant event of five years of membership in
this regard, particularly as regards lifting of checks at EU internal borders.
The years 20042009 have been a period marked by intensive preparations of
Polish administration for effective protection of borders and assurance of high level of
citizens security. Police cooperation has been reinforced, fight against organised crime
has been intensified; moreover, legal and institutional foundations for effective fight
against terrorism have been established. But first of all checks at EU external borders,
between Poland and other member states, have been fully lifted. Citizens of new member states were given actual opportunity to enjoy freedom of movement. However,
given the situation of full opening of EU external borders, assurance of high level of
security level has remained a challenge for the national authorities. Attainment of this
target entailed in particular the necessity to ensure effective protection of the external
border of the entire EU.
Accession to the Schengen area should not, however, obscure a relatively important element, namely introduction of a harmonised visa system and pan-European immigration control, which resulted in real legal and financial obstacles for our
non-EU eastern neighbours. Therefore attention should be drawn to the fact that Poland has been making ongoing efforts with a view to developing such solutions in
common migration and visa policy that will lead to legislative decisions benefiting
both Polands neighbours to the east and the EU itself. These efforts have focused on
ensuring measurable benefits not only to Poles but also to citizens of the entire EU as
regards security issues.
263
264
Movement
Consequences
for citizens ensuing from Polands accession to the

Schengen area
Polands accession to the Schengen area was one of the most visible effects of
Polands membership in the European Union for an average citizen. Changes made in
connection with full participation in the Schengen area guaranteed to Polish citizens
the possibility to cross internal land borders in virtually any place77. This translates into
absence of checks on internal borders when they are crossed.
It must be stressed that such state of affairs is not equivalent to lifting of states
administrative borders. Basic administrative formalities were upheld (e.g. the requirement to register a stay for a period exceeding 3 months). Absence of checks at internal
borders in traditional sense entailed the necessity to implement so-called compensating measures, aimed at ensuring security to EU citizens. Border services still have to
perform their duties, albeit differently. Mobile patrols have been established both in
the Customs Services (SC), and in Border Guard (SG), which are authorised to perform
checks of persons identity and legality of stay, across the entire country, and not just
in the zone adjacent to the border. Checks began for vehicles and goods they carry.
SG staff can be seen in city streets, at railways stations and on trains. Moreover, joint
patrols have been also established with representatives of border protection services of
neighbouring states. This takes place mostly on Polish-German border, but there are
also joint patrols at certain sections of Polish-Czech and Polish-Slovakian borders. In
discharge of its duties SG is assisted by so-called Schengenbuses, fulfilling the role of
mobile border crossings78.
Due to membership in the EU, Polish bodies of administration responsible for
security of Polish citizens were provided with legal mechanisms as well as telecommunication and information systems, which definitely improved effectiveness of their
work. New methods of border checks, Community visa policy, application of modern
identity control measures, collection and provision of personal data under the Schengen
Certain areas of some national parks are excluded, being areas covered with strict nature protection scheme.
Schengenbuses are vehicles provided with equipment required for performance of checks, i.e. specialist IT hardware, e.g. a computer linked to SIS database,
containing information about e.g. wanted persons. They are also provided with devises for checks of fingerprints, and drug-detecting minilaboratories. In 2008 SG
planned procurement of 10 vehicles of that type, with 30 vehicles being the target number.
77
78
264
265
Information System, computer system of Europol or Eurodac system79, are instruments

necessary in contemporary world to prevent effectively crime, illegal immigration or
unlawful employment of third country citizens80.
Polands accession to the Schengen area and acquisition of full-fledged rights and
obligations arising thereunder, took place in several stages and entailed the necessity to
perform legal, organisational, staffing, and technical adjustments. Upon accession to the
EU on 1 May 2004, the first stage of actions relating to border protection and control,
mainly of Polands eastern border, which became EU external border, was completed.
Accession to the Schengen area marked completion of the entire preparations process.
Effects of those actions proved advantageous for the entire region.
According to data from the Ministry of Interior of Land Brandenburg, in the first ten months of
2008 the regions adjacent to the border on the German side recorded decline in the number of committed crimes by 6%81. Pre-accession fears of increased
crime rate or threats related to inadequate border
protection failed to materialise. A survey performed
on 1319 November 200882 revealed that increased
crime rate in connection with Schengen area enlargement was feared by only 26% of the recipients; at
the same time a much larger percentage of the recipients stated that EU states, including Poland, are
capable of ensuring citizens security (61%)83. Therefore it must be concluded that despite absence of
traditional external border checks in the EU, security
of Polish citizens rather improved than deteriorated.
Polands accession to the Schengen area was
fig. TADEUSZ KROTOS
related not only to the issue of security, but also to
economic and social matters, particularly in border zone regions, both to the east and at
Eurodac is a European database of fingerprints for identification of asylum-seekers. It was launched on 15 January 2003. All member states except Denmark,
plus Norway and Iceland participate in the programme. Fingerprints are taken from all asylum-seekers aged over 14. Then they are digitalised and sent to the
central unit at the Commission, where they are automatically compared with other fingerprints already stored in the database. This allows for checking whether
applicants have entered the EU without required documents or whether they have already sought asylum in another member state.
80
K. Iglicka, Unijny wymiar bezpieczestwa z perspektywy migracji midzynarodowych i dylematw wielokulturowoci, Centrum Stosunkw Midzynarodowych.
Raporty i analizy 2004, No. 7, p. 2.
81
Frankfurter Allgemeine Zeitung, Nach Polen hinberschlendern, http://www.faz.net, downloaded on 05 January 2009.
82
The research was performed by the Public Opinion Research Centre (CBOS).
83
Data provided by the Department for Public Security of the Ministry of Interior and Administration.
79
265
266
EU external borders. Positive effects included the fact the movement of persons with our
Union partners became easier. After accession to the Schengen area, movement within
the Union became as simple as movement across a country. Entrepreneurs were among
beneficiaries of this development. Reduction of queues at border crossings translates e.g.
into lower costs of transport84. There is still much to be done. Ongoing expansion and
modernisation of border infrastructure is planned. According to information from the
Ministry of Interior and Administration (MSWiA)85, measures aimed at expansion of
road transport infrastructure will be launched with a view to improving openness of the
border. Construction of new border crossings and modernisation of the existing ones in
planned. Construction of access roads to the border will constitute the fundamental form
of investments in border infrastructure on the external border.
Main social costs of compliance with legal conditions of membership in the Schengen area include the visa-regime obligation for nationals of third countries, including
Ukraine, Belarus and Russia, and the resulting necessity to terminate the 1985 agreement
on simplified border crossing procedure for citizens residing in border zone regions. These
changes caused a dramatic decline in the number of border clearances of third country
nationals. At border sections with Russia, Belarus and Ukraine, taking into account land,
maritime and air borders, this number dropped from approximately 25.5 mln in 2007 to
approximately 13.5 mln in 200886. This resulted in a decline of trade in border zone fairs,
decline of volume of currency exchange in exchange offices, drop in sales of border zone
POSs and catering outlets, lower traffic in hotels or inns located there87.
There has been also a decline, albeit not excessive, in the number of entities operating in trade and repair sector in border zone areas of eastern regions of Poland. This
decline varied from 0.79% (podkarpackie voivodship) to 0.96% (lubelskie and podlaskie
voivodship). It is also worthwhile stressing that in the discussed voivodships the drop in
the number of entities took place only in trade and repair sector. At the same time the
number of entities operating in this sector across the entire country rose by over 2%88.
Despite limited adverse economic effects in some regions of the country, general social perception of Schengen area enlargement was positive. The research indicates
It is estimated that each day of sojourn of a large truck at the border translates into additional cost of approximately PLN 1000, source: Firmy transportowe trac
dziennie 2 mln z na granicy, Gazeta Prawna, http://www.gazetaprawna.pl, downloaded on 15 October 2008.
85
See: reply to interpellation from an MP No. 1834, of 29.04.2008, http://www.sejm.gov.pl., downloaded on 15 October 2008.
86
87
According to GUS, in the first three quarters of 2008 the collective accommodation facilities were used by 3265 thousand foreigners, i.e. 6.9% less than in
aparallel period of 2007. The number of man-nights provided to them declined by 6.3%. The greatest drops were recorded in the number of visitors from behind
eastern border. The number of Belarusians taking advantage of night accommodation declined in that period by 72%, Ukrainians by 67%, and Russians by 61%
(an analysis of the Minister of Economy of 24 December 2008, Wpyw na polsk gospodark wejcia do strefy Schengen).
88
Data from an analysis of the Minister of Economy of 24 December 2008, Wpyw na polsk gospodark..., op.cit.
84
266
267
that one respondent in five (21%) felt that this event affected their lives, including 19%
claiming impact on their personal lives, and 10% on professional one. Appreciation of
the significance of Polands accession into the group of Schengen states is widespread
(approximately 85%). Almost 40% of the respondents consider Polands accession to the
Schengen area as a very important event for our country, and another 45% state that
Polands entry to the Schengen was quite important.
The issue of relations with Polands neighbours to the east was most questionable a half of respondents thought that accession to the Schengen area had no impact
on relations with eastern neighbours, while 34% agreed with the opinion that this fact
isolates Poland from eastern neighbours. As expected, the feeling that Poland was being
isolated from eastern neighbours was the strongest in voivodships bordering with them
45% of residents of lubelskie and podlaskie voivodship chose this response and such
opinions prevailed over opinions to the contrary (35%)89.
In general it must be pointed out that if there were any adverse effects of Schengen area enlargement, they concerned economic and social aspects of the situation in
eastern regions of the country. The scale of adverse outcomes was small; this is evidenced
by performed social research.
Protection of external borders

Accession to the EU and the decision to lift permanent checks at external borders
after entry to the Schengen area entailed the necessity to protect eastern border, which
became an external border of the EU. The first foundations of a modern border protection system were established even prior to accession to the EU. Strengthening of legal
framework and establishment of effective institutions became indispensable. Planned
changes provided for an increased scope of SG competencies to enable more effective
border protection, border traffic control and fight against border crime90. It must be also
borne in mind that infrastructure was partially maintained on western borders so as to
enable temporary restoration of checks if a need arises. Airports and seaports were also
This is evidenced by results of the aforementioned CBOS survey carried out on 1319 November 2008.
In 2007 Poland completed construction of a new, very modern coast protection system, so-called Automated System of Radar Monitoring of Polish Maritime
Areas (ZSRN). It constitutes one of key elements of Polish maritime border protection. It is used by rescue, military services and maritime administration. The
fundamental task of ZSRN is to develop and distribute a comprehensive picture of surface situation on territorial sea and internal maritime waters of the Republic
of Poland. The information collected and processed in the system support the decision-making process and management of maritime activities at various levels
of official responsibilities of various institutions. Its establishment enables a permanent, close cooperation of many ministries in discharge of their statutory
responsibilities in the area of supervision over maritime areas. Moreover, it improves effectiveness of fulfilment by Poland of the commitments following from
conclusion of several international conventions. SG is the system user. Access to information processed in the system is provided to maritime administration and
Polish Navy according to their competencies.
89
90
267
268
adjusted to EU requirements by dividing passengers in line with Schengen standards; i.e.

special gates were prepared for Schengen area EU citizens, were travel documents are
verified fast. Moreover, equipment was supplemented with passport and identity cards
control devices, devices for detection of explosives, drugs etc.
SG statistics clearly point to decline in uncovered goods from smuggling in the
years 2004200891. At the same time there was a rise in the value of smuggled excise tax
goods, particularly cigarettes and alcohol, uncovered by Polish border services. In the
first six months of 2007 the value of detected smuggled alcoholic beverages amounted to
PLN 1.5 mln, and to almost PLN 5 mln in the first six months of 200892. There has been
a significant growth in the number of uncovered attempts at cigarette smuggling; in
the period of 11 months of 2008 this number rose by almost 48%93. There has been also
a rise in the number of persons arrested for unlawful crossing of state border. In 2007 SG
arrested 3222 persons, and in 2008 this number amounted to 5797 persons94. So it seems
that efforts put in preparations of Polands accession to the EU and to Schengen area
yielded the expected results. SG and SC are better prepared for discharge of responsibilities entrusted to them. On the other hand, however, it must be pointed put that, as an
external EU border, Polands eastern border became more attractive for illegal trade and
unlawful crossing of state border. Increased volume of uncovered smuggled goods results
also from a growth in the number of attempts at introducing goods into EU customs area,
and a greater number of arrested persons corroborates the fact that Poland has become
an attractive country for illegal immigrants.
It is worthwhile stressing that the external land border of 1185 km is one of
the longest sections of such kind of border protected by a single EU member state. It is
obvious that protection of the external border requires adequate financing, which may
prove too big a challenge for a single state. Therefore shared responsibility for protection
of external borders is the key element in cooperation of the member states in Schengen
area. This responsibility has also a financial dimension.
New tasks ensuing from the obligation to protect the external border justified
the need to apply for additional Community funding, which was allocated and is spent
on hiring and training of officers, and on specialist equipment and state-of-the-art IT
systems.
Value of uncovered smuggled drugs in 2004 amounted to PLN 7,233,000, in 2008: PLN 4,164,569; weapons and munition in 2004: PLN 82,000, in 2008: PLN
1630, vehicles in 2004: PLN 39,555,700, in 2008: PLN 23,960,440, source: http://www.sg.gov.pl.
92
Po wejciu Polski do Schengen wzrosa skuteczno ochrony granic, Rzeczpospolita, http://www.rp.pl, downloaded on 11 grudnia 2008.
93
94
http://www.sg.gov.pl.
91
268
269
Due to accession to the Schengen area, Poland has received assistance from several sources. One of them has been the Schengen Financial Instrument (Schengen Fund).
According to provisions of Art. 35 of the Accession Treaty and amendments to treaties
underlying the EU, Poland received allocation of over EUR 313 mln95 under the Schengen Fund alone. Investments from this funding were allocated to improvement of the
condition of border crossings infrastructure, improvement of provision with all kinds
of equipment, and to proper training for the police and SG96. It is worthwhile stressing
that as much as 45% of the funding the total of over EUR 133 mln, was allocated to
construction of the Schengen Information System alone (i.e. computer database of the
Schengen area see more details in subsequent sections).
Another important source of support was the Norwegian Financial Mechanism,
established by the Kingdom of Norway for the years 20042009, and allocated to strengthening of external borders, construction of the infrastructure of the Schengen Information System (SIS), Visa Information System (VIS), strengthening of cooperation between
police and SG, and to research works. Poland also had at its disposal the Financial Mechanism of the European Economic Area the facility to take advantage of additional
sources of non-refundable foreign aid, beside structural funds and the Cohesion Fund.
The total amount allocated to Poland under both mechanisms exceeded EUR 533 mln.
Those funds were used for ventures implemented under priorities specified for the years
20042009.
Moreover Poland used the External Borders Fund, which is one of four major
financial instruments of the Community programme Solidarity and management of
migration flows. This programme manifests solidarity of all member states, allocating
financial assistance to those states that apply provisions of Schengen heritage concerning external borders97. This Fund aims at ensuring financial assistance to the member
states involved in management of external borders of the Union and in implementation
of common asylum and immigration policy. Approximately EUR 78 mln was allocated
to Poland for the years 20072013. Projects supported from the External Borders Fund
contributed to attainment of both effective organisation of external borders checks and
effective management by the member states of movement of persons at external borders
The principles for management and monitoring of Schengen Fund resources were set forth in the decision of the European Commission No. C(2004)248 of 5
February 2004, amended by decision C(2006)684 and decision C(2007)494.
96
M. Drodzikowska, Schengen z perspektywy polskich dowiadcze, Polska w strefie Schengen refleksje po pierwszym roku czonkostwa, Raport MSWiA, Warsaw
2008, p. 10.
97
Decision No. 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing the External Borders Fund for the period 2007 to 2013 as
part of the General programme Solidarity and Management of Migration Flows, O.J. 2007, L 144, p. 22.
95
269
270
with a view to ensuring high level of border protection in accordance with Schengen
legal heritage98.
Polands accession to the EU and Schengen area additionally entailed necessity
to adjust IT infrastructure and to improve standards relating to security of documents.
Therefore it was only logical that lifting of checks on internal borders of the member
states was bound to entail strengthening of checks on external borders and improvement of contacts between services responsible for that task from individual member
states of Schengen area99. To this end a decision was made to improve effectiveness and
strengthen IT infrastructure, improve the access to databases and improve documents
security. Polish authorities obtained first of all access to SIS (in version SISone4ALL)100
and to VIS. By becoming a party to the Europol Convention Poland also acquired
access to IT databases of this office101. It is estimated that SG makes 5 thousand queries
per hour on average (with peaks of 11 thousand queries per hour on average), and police
makes approximately 13 thousand entries monthly, and up to 110 thousand checks per
24 hours102. Due to information exchange under Schengen, as many as 100 persons recognised as missing in other countries were arrested in Poland in 2008. On the other hand
250 persons missing in Poland were found abroad103.
Years 20042009 have been also a period of intensive works on improvement
of the security of documents, particularly identity documents and travel documents.
Administrative obligations ensuing from accession to the EU and to the Schengen area
entailed respective amendments to legislation. Poland began issuing new, better secured
against forgery, identity cards and passports containing the basic biometric feature (image of a face stored in passports microchip). Beside meeting commitments ensuing from
membership in the EU, the new model document of high technological standard enhances Polands prestige on international arena as one of the most modern in the world.
Moreover it had a very practical application making travelling across the world easier for
citizens of the Republic of Poland104.
M. Drodzikowska, op.cit., p. 11.
A. Hebda, P. Hofman, Przygotowanie organw administracji publicznej do wsppracy z Systemem Informacyjnym Schengen budowa Polskiego Komponentu SIS,
[w:] Polska w strefie Schengen refleksje po pierwszym roku czonkostwa, Raport MSWiA, Warsaw 2008, p. 24.
100
This solution consisted in adoption and adaptation by EU new member states of a copy of the system in place in Portugal and its connection to first generation
Schengen Information System (SIS 1+). This way waiting for launch of SIS II by the Commission was avoided. Project SISone4ALL is a temporary solution. It will
cease to operate when the Commission and individual member states complete new SIS II, which is likely to happen in 2009.
101
A. Grzelak, Bilans kosztw i korzyci piciu lat czonkostwa Polski w UE bezpieczestwo wewntrzne i przystpienie do Schengen, ekspertyza przygotowana dla
Urzdu Komitetu Integracji Europejskiej, Warsaw 2008, p. 11.
102
W.R. Wiewirowski, System Informacyjny Schengen i System Informacji Wizowej, WPiA Uniwersytet Gdaski 2007.
103
Po wejciu, Rzeczpospolita, op.cit.
104
On 1 January 2009 the government of Canada lifted visa regime for Polish citizens owning a biometric passport: Kanada zniosa nam wizy, ale tylko dla wybranych, Dziennik, http://www.dziennik.pl, 5 January 2009.
98
99
270
271
An important fact of great significance for protection of external borders was

location of European Agency for the Management of Operational Cooperation at the
External Borders of the Member States of the European Union (Frontex) in Warsaw.
This agency attained operational readiness in October 2005. Poland provided necessary
support to Frontex, related to start-up of operations. Location of the agency in Warsaw
is a factor strengthening Polands position in connection with coordination of actions
protecting external borders105.
ffects of implementation of common visa and asylum policy

E
in Poland
As mentioned earlier, the necessity for Poland to carry into effect provisions ensuing from the Implementing Convention to Schengen Agreement resulted in introduction of visas for citizens of third states of Eastern Europe. The Schengen visa mechanism
directly contributed to decline in movement of persons on eastern borders. In 2008, 6.6
mln foreigners entering Poland from outside Schengen area were recorded on eastern
border (except Lithuania) and in airports and seaports. SG recorded 2.4 million entries
of citizens of Ukraine, 1.6 million entries of citizens of Belarus and 0.8 million entries of
citizens of Russia, which corresponded to decline by 56.2%, 57.4% and 52.4% respectively compared to 2007106.
However, it is worthwhile pointing out that Polish government put a lot of effort
in recent years to make the introduced system least burdensome to non-EU eastern neighbours of Poland107. Poland made significant investments and expanded the network of
consulates. Presently there are five Polish consulates in Ukraine in Lviv, Lutsk, Kiev,
Odessa and Kharkov, four in Russia in Moscow, Sankt Petersburg, Irkutsk and Kaliningrad, three in Belarus in Minsk, Brest and Grodno. Actions were also initiated with
a view to opening of new facilities. Opening of a new seat of the General Consulate in
Lviv is planned for the second half of 2009. A new seat is also prepared for the General
Consulate of the Republic of Poland in Lutsk. Introduction of so-called Charter of a Pole
Examples of operations with participation of Poland: Gordius 2007 the issue of illegal migrants from Moldova; participation consisted in assistance in identification of counterfeited identity documents; Poseidon 2006 June 2006 an action concerning fight against human trafficking; participation consisted mainly
in information exchange; Niris June 2007 actions initiated in connection with growth of illegal migration from China and India interrogations at border
crossings, including the Warsaw airport; FIFA 2006 assistance to German services in connection with organisation of world football championships.
106
Data from: the Central Statistical Office, Informacja o sytuacji gospodarczo-spoecznej kraju rok 2008, Warsaw 2009.
107
In the first quarter of 2008, Polish consular offices in Ukraine received 71,985 visa applications and issued 2174 decisions refusing visas. Hence percentage of
refusals amounts to mere 3.3%. The total of 63,295 visas were issued in that period; source: reply to interpellation from an MP No. 2332 of 20 May 2008 on border
traffic between Poland and Ukraine after Polands accession to Schengen area, http://www.sejm.gov.pl, 15 January 2009.
105
271
272
for third country nationals of Polish origin was another success of Poland in relieving the
outcomes of entry into force of visa regulations related to operations in Schengen area.
Acquisition by Poland of the member state status and the possibility to participate in the decision-making process concerning the shape of legal provisions regulating
those issues, enables to Polish authorities influence on EU legislative decisions. Polish
government was involved in continuation of efforts within the EU aimed at reduction
to EUR 35 of the fee for citizens of Belarus for consideration of applications and issuing
of uniform Schengen visas. Success of this initiative in early 2009 was highly likely, because introduction of such solution was supported also by other states of the Visegrad
Group, Baltic republics and Scandinavian states. To relieve the effects of the growth in
fees for issuing of uniform visas for the entire Schengen area, the Ministry of Foreign
Affairs made a decision to lower from 1 November 2008 the fee for consideration of an
application for a national visa to EUR 20108. Moreover, in consultation with Hungary and
Slovakia, Poland initiated intensive efforts on EU forum aimed at amending the regulation109 on local border traffic.
Another issue that representatives of Polish authorities appealed to the EU for was
the aim at the swiftest possible completion of negotiations on entering agreements on local
border traffic with eastern neighbours and their urgent implementation. It must be borne
in mind that successful realisation of this task depended not only on resolve of Polish side,
but also on the position of concerned states presented during those negotiations. Specific
legal actions were taken with a view to attaining this goal110. Joint actions aimed at such
changes in the relevant regulation that would allow for expansion of the border zone and
application to foreigners arriving under local border traffic scheme of the requirement to
possess insurance policies, as was the case for arrivals under visa regime. Amendment to
the regulation required favourable attitude of the European Commission and other EU
member states111. In early 2009 Poland initiated intensive actions in this regard.
Polands accession to the EU had impact on the number of proceedings concerning protection granted to third country nationals. Simultaneously the data from the
Data provided by the Department of Consular and Polish Diaspora Affairs in the Ministry of Foreign Affairs.
Regulation (EC) No. 1931/2006 of 20 December 2006 laying down rules on local border traffic at the external land borders of the Member States and amending
the provisions of the Schengen (OJ 2006 L 405, p. 3).
110
On 28 March 2008 the Government of the Republic of Poland signed an agreement with Ukraine on rules of local border traffic; due to reservations notified
by the Commission, the ratification process was delayed, but on 22 December 2008 in Warsaw the protocol amending the agreement on the rules of local border
traffic was signed and both agreements were submitted for ratification. After completion of internal procedures they will enter into force. In the case of Belarus,
on 1617 December 2008 the fourth round of negotiations was performed in Minsk, which helped agree on the shape of draft agreement. Consultations with the
European Commission are still required. Negotiations on the rules of local border traffic with the Russian Federation began in Moscow on 21 July 2008. The above
data were provided by the Department of Consular and Polish Diaspora Affairs in the Ministry of Foreign Affairs.
111
On 24 November 2008 Deputy Prime Minister, Grzegorz Schetyna submitted to Vice President of the European Commission responsible for the area of justice,
freedom and security, Jacqes Barrot, Polands position paper on the rationale for modification of Regulation (EC) No. 1931/2006.
108
109
272
273
Office for Foreigners (UDSC)112 suggests that accession to Schengen area itself had no
impact on legal regulations and jurisdiction practice in this regard. On the other hand,
it translated into growth in the number of applications submitted in 2007 in Poland for
granting of refugee status113.
Increased number of new forms of unlawful behaviours leading to growth in illegal migration has been observed. As an example, such adverse developments have been
recorded as a growth in the number of fictitious marriages contracted by Polish citizens
or of declarations made by third country nationals of intention to start education which
they actually fail to do. In the period 20072008 a growth in abuse of asylum procedure
was recorded, as a form allowing for lawful entry into the territory of Poland and temporary legalisation of stay114.
Clear growth trends were recorded in the months preceding accession to the
Schengen area115. Those development followed first of all from fears among third country
nationals that after Polands accession to the Schengen area, entry into territory of our
country and applying for refugee status will be hindered or even precluded. However the
access to status procedure was not restricted in any way. Legal decisions regulating this
matter remained binding. Accession to Schengen area did not relieve Poland from commitments ensuing from provisions of the regulation establishing criteria and mechanisms
for identification of the member state responsible for consideration of application for asylum lodged in a member states by a third country national (so-called Dublin II)116.
Internal security and justice

Ensuring internal security
Lifting of permanent checks on EU external borders also translated into coverage
of Poland with the possibility to cooperate under formula set forth in the Implementing
Convention to Schengen Agreement, including strengthening of police cooperation. Polish officers cooperated closely and on ongoing basis with officers from neighbouring
Statistical data come from the Office for Foreigners: http://www.udsc.gov.pl.
In 2007 applications for granting of refugee status covered 10,048 persons. Compared to 2006 there was a growth in the number of submitted applications by
approximately 45% and a growth in the number of asylum seekers by approximately 41%.
114
Data provided by the Department of Public Security of the Ministry of Interior and Administration.
115
As an example, in September 2007 478 applications covering 1087 persons were submitted, in October 473 applications for 1023 persons, in November 572
applications for 1354 persons, and in December 1028 applications for 2466 persons. Source: the Office for Foreigners.
116
Council Regulation (EC) No. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national (so-called Dublin II; O.J. 2003 L 50, p. 1 as amended.).
112
113
273
274
states (the Czech Republic, Slovakia, Germany and Lithuania). The Implementing Convention to Schengen Agreement provided Polish services with many instruments in this
regard, including cross-border pursuit and surveillance117. Information exchange plays
great importance in this area of cooperation. Polish-German Cooperation Centre of Border Services, Police and Customs Services in wiecko was one of several information
exchange points operating at Polands external border. The Cooperation Centre of Border Services, Police and Customs Services played a very important role in information
exchange between services of Poland and the Federal Republic of Germany118. Until 31
August 2008, 9837 queries were submitted to the Centre, including 3271 queries from
Polish side to German partner, and 6566 queries from German side to Polish side119.
It must be stressed that informal information exchange under Europol began
even before entry of the agreement into force, but it gained particular momentum after
Polands accession to the EU. Initiation of cooperation entailed also proper staffing preparations120. Moreover Poland took active part in practical dimension of cooperation121.
The report on Europol activities in 2004122 pointed out that the total number of applications provided by Polish liaison office increased twofold compared to previous years,
and the main area of interest was illegal smuggling of drugs and money counterfeiting.
A rise in the volume of information provided by Polish police and SG was also recorded.
The liaison office coordinated several bilateral and multilateral operations with participation of Polish police. The report on Europol activities in 2005123 recorded doubling of
the number of cases.
The main areas of interest include counterfeiting of money and other payment
124
means . In 2006 the Central Bureau of Investigation (CB) discovered illegal printing
facility of counterfeit EUR and USD, and in the same year Polish police carried out
There have been no experiences so far with performance of joint cross-border operations, because works are still underway on adjustment of bilateral agreements between Poland and neighbouring countries harmonising the legal provisions to solutions envisaged in the Implementing Convention to Schengen Agreement in the scope of surveillance or cross-border pursuit. Still the first actions of that type are carried out with very encouraging results.
118
The total of 39 German and 24 Polish officers of various services work here: federal policemen, customs officers, policemen from Brandenburg, Saxony and
Meklemburg-Vorpommern. On the Polish side, the staff of the facility covers officers of police, SG and SC.
119
M. Drodzikowska, Schengen z perspektywy, op.cit., p. 12.
120
Those are the following programmes: Awareness 60 officers of Polish law enforcement bodies were trained in the scope of elementary and expert knowledge
concerning operations of the organisation; Enlargement training in the scope of critical areas of Europol operations in the context of enlarging the topical
catalogue of cooperation by Europol they concerned e,g, the legal issues, security of transferred and collected information, staff and personnel, broadly understood IT systems and tools and the issue of financing and costs, Phare 2002 a twinning agreement was deployed between Poland and the Federal Republic of
Germany, aimed at training of Polish officers.
121
The number of pieces of information exchanged by the Police through Europol channel: 2004 253; 2005 2302; 2006 2659; 2007 3659; 2008 3721.
122
European Police Office (Europol), Annual Report 2004, p. 30, http://www.europol.europa.eu.
123
European Police Office (Europol), Annual Report 2005, p. 35, http://www.europol.europa.eu.
124
Polish liaison office was involved in coordination of the participation of Polish services in European operation Icebreaker, concerning children pornography.
The report on Europol activities in 2006 also suggests that Europol and Eurojust supported Italian and Polish actions against human traffickers (operation Promised land). The report pointed out a series of arrests carried out simultaneously in Italy and Poland as a result of effective cooperation between Italian and Polish
police, particularly in the regions of Bari and Foggia in Italy.
117
274
275
operations against international groups of pedophiles, being a part of operations on panEuropean scale coordinated by Europol. As a result of the performed actions, 16 persons
suspected of possession of children pornography were arrested, plus 35 computers and
over 4000 CDs were secured125. In 2007 Polish police participated in Hydra operation
aimed against dissemination of children pornography on Internet126. Effects of those efforts are reflected in statistical data127.
Lifting of border controls in the EU improved effectiveness of trade and freedom
of citizens movement. In this connection a threat surfaced that organised crime groups
may use EU openness for attainment of their targets. Adverse effects of the opening of
borders have been largely eradicated. This was one of the main goals of reinforcement of
police and judicial cooperation in criminal cases. Fight against organised crime has become more effective due to establishment of proper institutions. Additional structures supporting the bodies responsible for ensuring security were established, some even before
accession. Good examples include the National Centre of Criminal Information, General
Inspector for Financial Information, and General Inspector for Protection of Personal
Data. They were established in connection with the necessity do adjust effectiveness to
requirements of European cooperation.
One of the measures aimed at reduction of activities of organised crime groups
was the establishment in December 2008 of the Crime Assets Recovery Agency (BOM).
The Office was located within the police structure, and the main goal of BOM operations aimed at detection and recovery of the proceeds of crime and other property of
criminals. There was a need for this information to be swiftly exchanged between the
EU member states, so direct communication between those bodies was enabled. BOM
served this purpose in Poland.
When acceding to the EU on 1 May 2004, Poland assumed several commitments,
including the necessity to cooperate and participate in pan-European system for combating
terrorism. Many changes were made, particularly in the area of law, organisational reforms
were carried out, many actions were initiated on international and internal forum128. As
A. Grzelak, Bilans kosztw, op.cit., p. 20.
Policemen in 13 voivodships searched 32 houses, flats as well as private businesses and public institutions. Those searches resulted in securing 34 CPUs and
laptops, 24 interchangeable HDDs, over five thousand CDs/DVDs, 307 floppy discs, 56 VHS cassettes, 3 mp3 players, memory cards, 2 mobile phones and a still
camera. 29 persons downloading from Internet or possessing pornographic materials with participation of children were arrested.
127
Since the beginning of 2008 over half a million crimes were committed in Poland, i.e. 10% less than a year before as evidenced by data of the Polish National
Police Headquarters. The police managed to detect a decisive majority of perpetrators. Police statistics show that it is more and more safe in Poland. The biggest
improvement could be noticed when data concerning car thefts are compared. In the first six months of 2008 8334 cares were stolen. This is one fourth less
than in 2007. A visible improvement took place in the case of drug-related crime (decline by 22%) and corruption-related crime (decline by over 20%). Source:
W Schengen nam bezpieczniej, Rzeczpospolita, http://www.rp.pl, 5 January 2009.
128
M. Narojek, Polska w UE korzyci w walce z terroryzmem, opracowanie dostpne na stronie http://www.terroryzm.com, 10 August 2008.
125
126
275
276
regards legal adjustments, the most important actions took place in 2004, when amendments to statutes were passed with a view to implementing EU legal provisions into Polish legislation, including in particular the framework directive on fight against terrorism
or the framework directive on European arrest warrant129. On 1 October 2008 a modern
Anti-Terrorism Centre (CAT) started operations in Poland, with such responsibilities as
coordination and support to decision-making processes in case of a threat of terrorist attack
or coordination of actions aimed at verification of information on terrorist threats.
On 1 May 2004 Poland became a part of customs union and was covered with
common customs tariff; therefore Polish customs administration became responsible for
collection and transmission directly to the EU budget of proceeds from customs and
other due charges relating to trade in goods at EU external borders. The role of customs
administration after Polands accession to the EU changed fundamentally. Customs services were charged with new responsibilities pertaining to calculation and collection of
excise tax and border VAT. In present conditions SC to a much larger extent facilitates
legal business activity and supports competitiveness of the entire Community economy,
protecting the market against dishonest and illegal trade and protecting financial interests of the Community and the member states130. Moreover SC assists in management
of EU external border131, in cooperation with other services in Poland with a view to
combating abuses, organised cross-border crime and terrorism.
Moreover the new legal environment resulted in more active participation in cooperation with partners from the EU. Since 2004, 20 joint customs operations have been carried
out, including two organised by Polish side: Pallas and Mateusz132. Polish customs administration participated also in a EU consulting and training mission on the border between
Moldova and Ukraine; SC representatives participated also in the European Union Rule
of Law Mission (EULEX Kosowo). Moreover permanent cooperation was established with
existing partners from non-EU neighbouring states, such as Ukraine, Belarus or Russia.
The Act of 16 April 2004 (O.J. of 2004, No. 93, item 889), which entered into force upon Polands accession to the EU, introduced a definition of crime of
terrorist nature into the Penal Code (Art. 115 20 of the Penal Code).
130
Pursuant to current regulation or the Minister of Finance, SC of the Republic of Poland consists of 16 customs chambers, 46 customs offices, 159 branches,
including 55 that support border crossings. The level of employment as of the third quarter of 2008 amounts to 15,666. Data provided by the Customs Policy
Department in the Ministry of Finance.
131
In connection with lifting of control at external borders and new tasks, in 2007 it became necessary to allocate customs service resources and efforts on eastern
border of Poland and in airports, which allowed for more effective discharge of duties entrusted to customs service. In the period from 30 April 2004 to 1 January
2008 the total staffing in four customs chambers located on Polands eastern and northern border, i.e. in Biaa Podlaska, Biaystok, Olsztyn and Przemyl, rose
by 901 posts, including growth by 214 posts in the Customs Chamber in Biaa Podlaska. Source: reply to interpellation from an MP No. 350 of 28 January 2008,
http://www.sejm.gov.pl, 15 January 2009.
132
Operation Pallas organised in 2006 in cooperation with German and Dutch customs administration and CB KGP with participation of 20 states, including
Belarus, Moldova, Norway, Russia and Ukraine. Another operation Mateusz was organised in 2007, also in cooperation with CB KGP and with customs administrations of the United Kingdom and Germany. It aimed at fight against tobacco smuggling. 24 states participated in the operation. Data provided by Customs
Policy Department in the Ministry of Finance.
129
276
277
In recapitulation of achievements of authorities in the area of internal security, it

must be stressed that due to attainment of the status of a EU member state, particularly in
connection with enlargement of Schengen area, Poland managed to introduce effective cooperation mechanisms, particularly with partners from neighbouring states. The Implementing Convention to Schengen Agreement made initiation of cooperation easier, constituted
direct legal basis for actions, which were initiated faster and in a less formalised manner.
Access to databases, ongoing training, and successful joint operations reinforced effectiveness of the law enforcement bodies in efforts for improvement of Polands security.
Judicial cooperation in civil and commercial matters

Development of judicial cooperation in civil matters translates for EU citizens
into possibility of more effective assertion of their rights before common courts, particularly in the cases with a cross-border element. Consequently, in such cases before Polish
courts, Polish citizens being parties to such proceedings can be certain that judgements
of Polish courts will be enforced abroad. This helps avoid usually much higher costs of
such proceedings before foreign courts. Therefore development of judicial cooperation
in civil and commercial matters has been so important for citizens and entrepreneurs.
Rules of judicial cooperation in civil and commercial matters have been based
on the rule of equal value and position of the judicial system in individual member states. Covering Poland with legal acts concerning enforcement of judgements in civil and
commercial matters was the outcome that citizens felt the soonest133, because it ensured
to Polish citizens the possibility to enforce judgements of Polish courts abroad; the same
concerns accession to the EC convention on the law applicable to contractual obligations134. In recent years the EU adopted several regulations concerning those issues135.
Polish administration of justice made all possible efforts to prepare national regulations
properly for the time when Community legal acts enter into force136.
Council Regulation (EC) No. 44/2001 of 22 December 2000 on jurisdiction and the recognition and enforcement of judgements in civil and commercial matters,
O.J. 2001 L 12, p. 123.
134
Currently replaced with the Regulation of the European Parliament and of the Council (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual
obligations (Rome I), O.J. 2008 L 177, p. 616.
135
Regulation (EC) No. 864/2007 of the European Parliament and of the Council of 11 July 2007 on the law applicable to non-contractual obligations (Rome II),
O.J. 2007 L 199, p. 4049, and Regulation of the European Parliament and of the Council (EC) No. 593/2008 of 17 June 2008 on the law applicable to contractual
obligations (Rome I), O.J. 2008 L 177, p. 616.
136
Although Community acts of regulation rank do not require implementation into national legislation, it is necessary to to adjust national law in connection
with execution by Poland of obligations ensuing from adoption of regulations Rome I and Rome II. This is to be carried into effect through adoption of a draft act
Private international law. It stipulates that the entirety of the new act will enter into force on 17 December 2009, i.e. on the day when Rome I regulation begins
to apply. The fragment of the act amending Article 31 of the Act of 1965 regulating law applicable to obligations not following from legal actions and intended to
repeal colliding provisions placed in comprehensive acts (Air law, Maritime Law) covered with the scope of regulation Rome II entered into force on 11 January
2009, i.e. when Rome II regulation began to apply. Data provided by the Department of International Cooperation and European Law in the Ministry of Justice.
133
277
278
Within the EU itself, works were carried out on further regulations political
agreement was reached as regards draft regulation on national jurisdiction, applicable
law and recognition and carrying out judgements in alimony cases as well as cooperation
in the area of alimony obligations137, which would regulate not only the issues of jurisdiction, but also law applicable in alimony cases. We should also assess positively the fact
of adoption of acts on simplified procedure in alimony cases.
One of the aspects of judicial cooperation in civil matters, which is of importance for citizens, was the possibility to take advantage of the right to assistance in civil
proceedings in EU member states138. The solutions proposed in provisions of European
law guaranteed to Polish citizens granting of legal assistance, including exemption from
court fees, appointment of a solicitor or legal advisor and coverage of required expenses
(e.g. costs of travel, costs of translations)139.
Such legal status definitely contributes to improvement of the situations of an
individual when proceedings abroad are necessary. Nevertheless, negotiations on issues
related in particular to family law clearly show that there were many problems that had
to be solved. Those issue were related e.g. to the fact that family law is an area particularly bound with national legal culture or traditions of the member states.
Judicial cooperation in criminal matters

Judicial cooperation in criminal matters aims at improving effectiveness of
the judiciary in the area of criminal law with a view to improving broadly understood security of the citizens. EU member states aim at lifting of barriers to prosecution and carrying out court decisions following from culprits citizenship or place
of stay, and location of his property. Additional goals include protection of financial
interests of the Communities and member states as well as assurance of proper functioning of democratic procedures. Attainment of the aforementioned targets brings
positive impacts both for the society and for national systems of the administration
of law. In this context attention should be focused on effects of two specific and
most effective manifestations of judicial cooperation in criminal matters, namely inThe final text was adopted by the Council on 16 December 2008 COM (2005) 649 final.
Council Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by establishing minimum common rules relating to legal
aid for such disputes, O.J. EC 2003 L 26, p. 4147 as amended.
139
The Ministry of Justice has no statistical data concerning appearances of third country nationals before Polish courts or appearances of Polish citizens before
courts of other states in civil cases. Moreover it is impossible to obtain such information from European Union states. It is assumed hypothetically that throughout
a year there can be approximately 50 thousand cases of that kind. See: justification for Sejm publication No. 3261 (IV term of the Sejm).
137
138
278
279
stitutional cooperation under Eurojust and use of the instrument of European arrest
warrant.
Poland initiated cooperation with the European Unions Judicial Cooperation
Unit, so-called Eurojust140 even before accession to the EU, but it became a participant
of cooperation under this formula in full rights only upon accession to the EU. Eurojust
is a new institution, whose responsibilities include strengthening of cooperation and
improvement of coordination between competent authorities of the member states in
the area of investigation and prosecution, plus facilitation of exercise of international
mutual assistance in criminal matters and help in enforcement of extradition requests.
Polish cooperation with Eurojust developed slowly, gradually assuming greater and greater practical significance. A good example of actions with Eurojust involvement after
2004 is coordination of cooperation with Italian bodies regarding labour camps in Italy,
where Eurojust offered assistance in information exchange and organisation of meetings.
The cooperation resulted in combination of preparatory proceedings in the area of notifications of fraud cases, as well as instituting simultaneously in Poland and in Italy of
inquiries concerning human trafficking141. Annual reports on Eurojust activities suggest
a regular growth in the share of registered Polish cases142.
The European arrest warrant (EAW) is a lawsuit demand for surrender of a suspect with a view to carrying out criminal proceedings before a national court. Effective
use of EAW required amendment to Article 55 paragraph 1 of the Constitution of the
Republic of Poland, which prohibited extradition of Polish nationals. Doubts concerning the nature of EAW had to be resolved by the Constitutional Tribunal. Compared
to extradition procedure, surrender pursuant to EAW takes much less time143, because
it relies on judicial cooperation, completely foregoing political authorities. In 2007
Polish courts issued 3479 EAWs, and as many as 2004 in the first six months of 2008.
This is over 1000 more than in 2006, when Poland also led Union statistics in terms
of issued EAWs (2355)144. Those provisions constituted e.g. the basis for surrender to
the United Kingdom of Jakub T., convicted by a court in Exeter and sent to Poland to
serve the sentence.
Eurojust was established pursuant to Council Decision 2002/187/JHA (amended by decision 2003/659/JHA) O.J. 2002 L 63, p. 113 and O.J. 2003 L 245, p. 4446.
www.policja.pl/download.php?s=1&id=6890.
Poland registered in Eurojust 12 cases in 2006, and 18 cases in 2007. On the other hand, requests to the Polish representative were made 60 times in 2006 and
100 times in 2007. Poland made 4 requests for coordinating meetings in 2007, and was invited for participation in 8 meetings Report on Eurojust activities for
2007, http://eurojust.europa.eu/press_releases/annual_reports/2007/Annual_Report_2007_PL.pdf.
143
Traditional extradition procedure may take even longer than a year. EAW allows for shortening of this period to 11 days on average, if suspect agrees for surrender, or 56 weeks if the concerned person does not consent.
144
Source: the Department of International Cooperation and European Law in the Ministry of Justice.
140
141
142
279
280
Conclusions
This chapter has described experiences of Poland as a EU member state with
regard to issues of internal security. The period 20042009, i.e. the first five years of
membership in the EU, was the time of intensive adjustments to requirements related
to assurance of high level of security. The events gained momentum in the four years of
membership, when the most important event in this area took place, i.e. Schengen area
was enlarged on 21 December 2007. There was full lifting of checks at external land borders of the EU between Poland and other EU member states. In case of border crossings
at airports, full opening took place on 31 March 2008.
Lack of checks on internal borders in traditional meaning entailed the necessity
to put in place so-called compensating measures guaranteeing security of the entire EU;
therefore proper organisational and technical preparation of border services was the key
element of effective functioning of border traffic under new rules. Due to membership
in the EU, Polish bodies of administration responsible for security of Polish citizens
gained access to legal mechanisms and effective telecommunication and information
systems, which definitely improved effectiveness of their work. New obligations helped
apply for additional financing Community funds, which were expended on employment and training of officers, as well as specialist equipment and state-of-the-art IT
systems. Polish authorities gained access to the Schengen Information System (SIS), to
Visa Information System (VIS) and IT databases of Europol. Five years of membership
in the EU have been also marked by very active participation of Polish law enforcement
bodies in joint police cooperation. The system of protection against terrorism was largely expanded and strengthened. Many improvements have been made, particularly in
the area of law, several organisational changes have been carried out, many actions have
been initiated on the international and internal forum. All those adjustments brought
unquantifiable benefits as regards ensuring security not only to Polish citizens, but also
to citizens of the entire EU.
The necessity to implement provisions ensuing from the Implementing Convention to Schengen Agreement resulted in introduction of visa regime for third country
nationals. Through the Ministry of Foreign Affairs, Polish government made a lot of
efforts in recent years to make the introduced system as little burdensome as possible,
particularly for our closest non-EU neighbours to the east. Those actions resulted in ex-
280
281
pansion of the network of consulates, preparation of respective international agreements

with partners to the East with a view to making cross-border traffic more effective.
Attention should be also attached to development of judicial cooperation in civil
and commercial matters. In practical dimension this means that in cases with foreign element before Polish courts, Polish citizens being parties to such proceedings had certainty
that judgements of Polish courts would be enforced abroad. On the other hand, cooperation with EU states and regular participation in the decision-making process in criminal
matters helped strengthen the effectiveness of actions of law enforcement and internal
affairs bodies in the scope of combating crime at internal and international level.
In conclusion it is worthwhile stressing that the effects of the efforts put in the
years 20042009 in improvement of protection of both Polish citizens and the entire
EU are presently assessed positively. The level of general security of citizens was not
lowered; on the contrary, it improved a lot. Despite emergence in eastern regions of the
country of limited adverse economic effects, overall social perception of accession to the
EU and enlargement of Schengen area continues to be very positive. Therefore it must
be stressed that pre-accession fears pertaining to growth in crime rate or threats relating
to ineffective border protection failed to materialise.
In the nearest perspective, we should expect tightening of cooperation within the
EU in the areas concerning internal security. Further enlargements of Schengen area are
planned145. The issue of preventing illegal migration, particularly in the Mediterranean
regions, continued to be a big challenge for the entire EU. Particular stress will be put
on those issues.
Further intensive participation in joint European undertakings and cooperation as
well as persistent realisation of own priorities set forth before, in which Poland specialises
and for which it has specific achievements, are indispensable from Polands perspective.
A good example here are certain aspects of the protection of EU external border. We must
also permanently support forms of cooperation with non-EU neighbouring states through
national and Community legislative methods. Cooperation in this regard is of key significance for our country and should take place in both economic and social context. Actions
are launched in this direction, including ones on international arena. Polish initiative of
Eastern Partnership, gaining growing support within the EU, if carried into effect may
become a perfect mechanism allowing for attainment of the above goals.
145
Cyprus still in 2009, Bulgaria and Romania in 2011.
281
282
Education and sport

Polands accession to the European Union resulted in a number of social and
economic changes, including in the area of education and sport. In both domains, competencies remained mainly at the national level, and impact of the EU membership manifested itself in several aspects, including the access to structural funds. Promotion of
mobility connected with liberalisation of the EU market played a key role in this process.
In the context of education and sport, free movement of persons made it easier for Polish
students, teachers, athletes and other people connected with sports to move within the
EU, provided a great opportunity for personal and professional development in other
Member States, and facilitated the mixing of cultures and customs, and transfer of standards within the Community.
EYES 2004 (European Year of Education through Sport) was the Community
initiative combining sport and education that highlighted their role in the development
of young people. It was implemented in all EU Member States, including Poland.
Education
Equal access to education in Member States
One of the most tangible direct results of Polands membership in the European Union was the access to higher education institutions in Member States for Polish
citizens on equal terms with citizens of a given Member State. The same tuitions were
introduced for citizens and students from the European Economic Area (EEA) in Member States where education is not free, or free-of-charge access was guaranteed in those
Member States where education system is subsidised at no cost to students. As a result,
European universities became more available to Polish students. For instance, at the Uni-
282
283
versity of Oxford, citizens of EU Member States should pay an annual tuition of 3,225
in the academic year 2009/2010, irrespective of the selected course, while students from
third countries must pay much higher fees (i.e. 13,450 for most courses in Mathematical, Physical and Life Sciences, and 11,750 in Humanities and Social Sciences)146. As
a result, Polish students have become more mobile in 2004, 22,229 enrolled at Member
State universities, compared to 32,936 in 2006).
Chart 1. Number of Polish students in EU-15 Member States in 20002006
35000
the UK
Sweden
30000
Spain
Portugal
25000
the Netherlands
Luxembourg
20000
Italy
Irleland
15000
Greece
Germany
10000
France
Finland
5000
Denmark
Belgium
0
2000
2001
2002
2003
2004
2005
2006
Austria
Source: M. Maziska-Szumska, J. Winiewski, Bilans kosztw i korzyci piciu lat czonkostwa Polski w Unii
Europejskiej Edukacja, expert study commissioned by UKIE, 2008.
The highest increase of the number of students taking up education in EU-15

Member States was recorded in 2007 (up by 4609 new students vs. the previous year). However, the main changes resulting from Polands accession to the EU consisted not in the
146
University of Oxford, New Student Tuition Fee Rates 2009/10 Undergraduate, http://www.admin.ox.ac.uk//studentfunding/fees/fees_0910/new/0910ug.shtml.
283
284
changes in the number of Polish student vs. the pre-accession period, but distribution in
the number of students taking up education in EU-15 Member States (Chart 1). By 2004,
the highest growth (15%) was recorded for Polish students in Germany. After Polands
accession to the EU, this growth dropped a dozen or so times, to a mere 1% in 2006 vs.
2003 (from 1785 new students in 2003 to 213 new students in 2006). In the same period,
the highest growth in the number of Polish students taking up education abroad was recorded in the UK, where still in 2003 it represented 15% vs. 2002, but in 2004 112% vs.
2003147. The relationship between this declining trend in the number of students taking
up education in Germany and increase in their number in other Member States, and in
particular in the UK, can be explained by greater accessibility of British universities.
Germany had introduced the policy of equal access to its higher education institutions
several years before Polands accession to the EU, making them more accessible for Polish students. On the other hand, given the high tuition fees at British universities, very
few Polish students could afford them. After Polands accession to the EU, when tuition
fees for Polish students as EU citizens were reduced, British universities became more
accessible, and Polish students moved from German to British education market.
Community programs promoting education

Already in the pre-accession period, Poland participated in EU educational programmes. After Poland became a Member State, budget earmarked by the Community
for the implementation of EU educational programmes in Poland doubled (please note
than EU membership involves budget contribution; in 2008, Polands contribution represented 2.65% of the Community budget)148.
In the first phase of Polands participation in EU programmes in 19982001, Poland
participated in the programme Socrates II covering the following programmes: Comenius
(pre-school, primary and secondary education), Erasmus (higher education), Grundtvig
(adult education), Lingua (foreign language learning), Minerva (open and distance learning),
Arion (study visits programme for education specialists and decision-makers), and Eurydice
(the information network on education in Europe). In total, nearly 80 thousand Polish citizens visited other Member States in 20002006 as part of Community educational programmes (Table 1), of whom nearly 50% were students taking up education under Erasmus.
M. Maziska-Szumska, J. Winiewski, Bilans kosztw i korzyci piciu lat czonkostwa Polski w Unii Europejskiej Edukacja, expert study commissioned by
UKIE, 2008, p. 46.
148
European Commission, DG Budget, 15 January 2009, http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=OJ:L:2008:071:0009:0018:EN:PDF.
147
284
285
Table 1. SOCRATES II study visits, 20002006149

School/academic year
Programme/
/action
2000/01
2001/02
2002/03
2003/04
2004/05
2005/06
Total
ERASMUS staff
678
800
884
946
1394
1740
6442
ERASMUS students
3691
4322
5419
6278
8388
9974
38072
COMENIUS ACTION 1
teachers
1602
1939
2101
4021
4489
93
14245
COMENIUS ACTION 1
pupils
1364
2116
2062
3907
4309
154
13950
COMENIUS ACTION 2
40
60
67
102
120
119
508
COMENIUS ACTION 2
425
267
189
654
636
619
2790
COMENIUS ACTION 3
141
135
48
398
92
121
935
GRUNDTVIG
157
198
249
530
685
ARION
78
67
84
134
130
1819
135
628
Source: M
. Maziska-Szumska, J. Winiewski, Bilans kosztw i korzyci piciu lat czonkostwa Polski w Unii
Europejskiej Edukacja, expert study commissioned by UKIE, 2008.
Following a great interest in EU programmes, a lifelong learning programme was

created with the goal of improving the quality of learning and to allow access to education regardless of age. This programme was based on a continuation of Erasmus, Comenius, and Grundtvig, as well as introduction of new programmes: Leonardo da Vinci
(vocational education and training) and study visits (visits of education specialists and
decision-makers)150.
In addition to programmes focused on the improvement of the quality of education, Poland also participated in educational Community programmes devoted to the
development of civil society, tolerance and democracy Youth (20002006), followed by
Youth in Action programme (20072013). In 2007, 4751 young people from Poland participated in this programme, of which 2586 in youth exchange and 137 in the European
Voluntary Service151.This programme focuses particularly on young people who have
limited access to social life due to social, geographical or economic constraints.
Direct effects of Polands membership in the EU are evident when we analyse
the increasing mobility of Polish students and teachers on the example of Erasmus. The
ERASMUS data according to Foundation for the Development of the Education System, 10 lat ERASMUSA w Polsce, Wybr danych statystycznych i finansowych,
Warsaw 2008, p. 811. Other data according to National Report on the Impact of the Socrates Programme in Poland, Final Version, ECORYS Polska, Warsaw,
13November 2007, p. 3545.
150
Foundation for the Development of the Education System, http://www.frse.org.pl.
151
Foundation for the Development of the Education System, Modzie w dziaaniu. Raport 2007, http://mlodziez.org.pl/s/p/artykuly/7/7/MwD_Raport2007.pdf.
149
285
286
number of Polish students going abroad to school in the academic year 2006/2007 (11.2
thousand152) doubled vs. 2003/2004. The number of Polish teachers recruited by foreign
universities also doubled in the same period (up to 2 thousand in 2006/2007)153. It was
possible thanks to higher allocation of funds from the EU Erasmus budget earmarked for
projects implemented by Polish universities. A nearly four-fold increase was recorded
for the Polish budget of Erasmus in the academic year 2006/2007 vs. 2004. Still, if we
take a closer look at these figures vs. the total number of students in Poland, the number of students leaving to study abroad with Erasmus in 2006/07 represented just under
0.6%154 of the total number of Polish students (1941.4 thousand in 2006/2007155). It means that only a small number of Polish students had and used the opportunity to spend
some time studying abroad with Erasmus. Although the accession resulted in greater
mobility of Polish students as part of EU educational programmes, such as Erasmus, these
programmes had a limited impact on the overall mobility of Polish students.
Structural funds
Polands accession to the European Union provided an opportunity to implement
educational projects using financial assistance from the European Social Fund (ESF) and
the European Regional Development Fund (ERDF).
In 20042007, 19 NGOs established over 780 pre-school education centres. It was
possible with the measure Increasing access to education covered by the Sectoral Operational Programme Human Resources Development (SOP HRD) and implemented under
ESF. In addition, the partnership of local authorities and NGOs played a key role in this
project, resulting in a number of new organisational solutions. Pre-school education centres
were created where there are no nurseries (name of one of the related projects), which
also contributed to the strengthening of social capital of Polish rural areas. Please note that,
compared to 2000, in 2007 the number of children in nurseries increased by about 11%156.
At the level of primary schools, junior and senior secondary schools, as well as
higher education centres, a number of projects connected with educational infrastructure and development of children and young people were implemented. For instance,
Foundation for the Development of the Education System, 10 lat Erasmusa, op.cit., Warsaw 2008, p. 47.
Ibidem, p. 69.
154
Please note that these calculations are based on Erasmus only. There is a number of other EU programmes promoting mobility and addressed to students, providing an opportunity to study abroad (Tempus, Erasmus Mundus), volunteer (Youth in Action) or take up internship (Leonardo da Vinci).
155
Central Statistical Office, May rocznik statystyczny Polski, Warsaw 2008, p. 230.
156
Ibidem, p. 112, 249.
152
153
286
287
under the Integrated Regional Operational Programme (IROP), 477 thousand of pupils
and students were covered by scholarship programmes, the total of 596 thousand square
meters of educational or sport facilities were upgraded, and over 3 thousand schools
implemented projects involving after school activities, compensatory classes, art classes,
and sport activities. Modern-day methods and programmes were also introduced to meet
special educational needs of children from special and inclusive schools.
As regards vocational education, structural funds made it possible to solve certain problems connected with the out-of-date equipment used in vocational schools and
examination centres. With no access to up-to-date equipment at schools, their graduates
had no sufficient experience with equipment and machinery currently in use to pass examinations or enrol in a traineeship. Implementation of equipment upgrade programmes
based on structural funds, supplying new equipment to schools and examination centres,
made it possible for students to receive proper hands-on training, and for examination
centres to test their skills in accordance with European standards.
In order to bridge the gap between urban and rural areas, a Grants for schools for
development projects programme was implemented. Under this programme, 38 coordinators of the selected projects provided technical and organisational assistance to 3127
schools in rural areas. The establishment of Distance learning centres in rural areas was
another project of this type. Initially, this project provided for the creation of 250 centres
in 20052008. In the end, as many as 1114 centres with well-trained staff and equipped
with appropriate hardware and software were opened157.
Educational projects implemented in Poland based on EU funds in 20042006
were diversfied and involved many different social groups. Therefore, we may conclude
that structural funds made it possible to implement important projects that would not
have been otherwise implemented. It is worth pointing out that in addition to ad-hoc
projects (computers at schools, scholarships, etc.), a number of projects had long-term,
sustainable effects (e.g. nursery building project)158.
European dimension of education

In the context of promotion of European education whose main objective is to
promote openness to European values and thus build the European identity while ma157
158
M. Maziska-Szumska, J. Winiewski, op.cit., p. 32.

Ibidem.
287
288
intaining separate national identities, European dimension was introduced to primary,

secondary, and higher education schools159. As regards after-school activities, dissemination of knowledge on Europe was managed by e.g. European Clubs, targeted at pupils
and students particularly interested in European topics. In addition, the role of foreign
language learning gained in importance in educational programmes. Despite the fact that
obligatory foreign language classes start in the 4th grade, pupils can learn foreign languages as early as in the 1st grade of primary school160.
European integration is also an academic subject. EU programmes involving Poland in the 90s resulted in the introduction of European studies to Polish universities.
Back then, European dimension was introduced in the form of lectures, special modules
within major courses, specialties, or post-graduate studies. European Studies as a separate
discipline was launched in accordance with the relevant curriculum standard announced
by the Ministry of National Education in 2003. The first year of students of European
Studies began their courses in the academic year 2004/2005161.
The introduction of European dimension to schools and universities contributed to the strengthening of the European cultural and social identity, which should
lead to greater involvement of young people in European projects or higher turnout
during elections to the European Parliament. It must be emphasised that already before Polands accession to the EU, young people in Poland were the staunchest supporters of its membership in the EU. After the accession, this support was even higher.
The survey carried out in 2000 indicated that 40% of Poles aged under 30 expected
that Polands membership of the EU would have a positive effect on their personal
life, 16% expected negative outcomes, 28% expected no effects on their lives at all,
and 16% expressed no opinion. In 2008, 48% respondents indicated positive effects of
EU membership (+8%), and only 5% (11%) reported that EU membership adversely
affected their lives. The group of people who claim that Polands accession to the EU
had no impact on their lives whatsoever increased (from 28% in 2000 to 40% in 2008).
This data shows that the attitudes of young people towards the European Union changed from negative to positive162.
Pursuant to the Regulation of the Minister of National Education and Sport of 26 February 2002 on the core curriculum for general education.
M. Maziska-Szumska, J. Winiewski, op.cit., p. 2629.
161
Ibidem.
162
Based on the experts study prepared for DA/UKIE by Professor B.W. Mach, Bilans czonkostwa w ocenach wybranych grup spoecznych, the Institute of Political
Studies of the Polish Academy of Sciences, Warsaw 2008.
159
160
288
289
Sport
Impact of the implementation of EU regulations on Polish sports
Under Community law, sport is not an area within the EU competencies and is
not covered by the process of European integration163, but in practice it is a subject of
non-binding EU documents. References to sport can be found in a declaration annexed
to the Treaty of Amsterdam164 as well as a declaration adopted by the European Council
in Nice in 2000165. The first of these declarations highlighted the social role of sport, including in particular amateur sport, and called for dialogue between EU institutions and
sport associations. The latter referred to the specific characteristics of sport and stressed
its social importance.
Any sport activities connected with employment and generating income are regulated at the EU level and are subject to non-discrimination rule as regards employment, remuneration and other conditions of work and employment166. The history of
the relevant judgments of the Court of Justice of the European Communities, and in
particular regulations regarding transfers of players connected with the so-called Bosman case of 1995 involving a football player Jean-Marc Bosman, played a key role in the
interpretation of this rule167. After the Bosman ruling, more cases emerged specifying in
more detail the rule of free movement of workers in the area of sport168.
In view of the requirement to align the legal system with acquis communautaire
already in the pre-accession period, and at the same time considering the requirements
defined by the International Federation of Association Football (FIFA) and the Union
of European Football Associations (UEFA) and resulting from the pressure on these institutions from the Commission, Poland introduced the required amendments to its legal system. Regulations removing transfer fees and limitations of the number of foreign
The legal basis for EU activities in the area of sport was introduced in the Treaty of Lisbon of December 2007, currently in the process of ratification in all
Member States.
164
Declaration 29 annexed to the Treaty of Amsterdam of 1997.
165
Declaration on the specific characteristics of sport and its social function in Europe, of which account should be taken in implementing common policies, annexed to the Presidency Conclusions and adopted by the European Council in Nice in December 2000, http://ec.europa.eu/sport/pdf/doc244_en.pdf.
166
Art. 39 of the Treaty establishing the European Community.
167
Before the Bosman case, football players could not move to any football club after their contract has expired unless and until the interested club has paid atransfer fee. After the Bosman ruling, the transfer system was reformed and now, at the end of their contract, football players receive a document based on which they
can choose any employer. This ruling was followed by a number of similar cases, and consequently the European Court of Justice removed the obligation imposed
on professional football clubs to limit the number of players coming from other EEC countries. An exception to this rule is allowed in certain cases involving nonfinancial aspects, e.g. matches between national sides in the World Cup.
168
For example the case of a Finnish basketball player Jyri Lehtonen, who signed a contract with the Belgian basketball club Castros Namur-Braine ASBL. As his
transfer to the Belgian club was finalised after the date set for non-Belgian players, but before the date set for Belgian players, he was not legally allowed to play.
Ruling of the European Court of Justice in this case focused on the non-discrimination of the players home country as regards the set dates of transfers and helped
eliminate certain barriers to the free movement of workers.
163
289
290
players coming from EEC countries were implemented. As a result of the elimination
of transfer fees in most cases, costs of training are compensated to a lesser extent (in general, training compensation concerns players up to 23 years of age), which was to the
detriment of poorer clubs for which transfer fees used to be a major source of income.
Regulations implemented in connection with the Bosman ruling improved the
compliance with the rule of free movement of persons, eliminating the illegal practice of
forcing foreign players to change their citizenship (used by certain clubs). Even back in
2002, a Norwegian speedway rider Rune Holta had to adopt Polish citizenship in order to
avoid the limitations in the number of foreign riders in the Polish speedway league. After
Polands accession to the EU, Polish Motor Union eliminated the limits as regards the
number of foreigners in the speedway leagues169. On the other hand, after the accession,
Polish citizenship became attractive for players from third countries. And so, a Nigerianborn player Emmanuel Olisadebe was granted Polish citizenship and was able to work
in other Member States as an EU citizen. After three years with Polonia Warszawa, he
moved to a Greek football club Panathinaikos, where as a Nigerian player with Polish
citizenship he did not prevent any players from third countries from exceeding the
third-country players list limit. What it means for Poland is that Polish clubs are often
considered as stepping stones for immigrants, who want the Polish citizenship to gain the
right of free movement within Europe and move to better clubs in other Member States.
Also, it will become increasingly more difficult for Polish football clubs to keep
the most talented Polish players. Already in the pre-accession period, top Polish players moved to good European clubs. Jerzy Dudek, who played for Feyenoord Rotterdam
(19962001), Liverpool (20012007), and Real Madrid since 2007, is the best example
here. After Polands accession to the EU that guaranteed freedom of movement and employment on equal terms, Polish players started to move abroad much more often. An
opportunity to play and train in good European football clubs is a valuable experience
that can improve the level of Polish clubs in the future (if these players regularly play
for good European clubs). For example, after one season with Real Madrid CF C, and one
with Real Madrid Castilla C, Krzysztof Krl came back to play for Polish Jagiellonia Biaystok. However, we can expect that the best players will remain with foreign clubs. As
a result, improvements are expected mainly for Polish national teams. In volleyball, three
national players of Poland (Micha Winiarski, Sebastian widerski, and ukasz ygado)
play in Italy, and 70% of the Polish national handball team play in German clubs.
169
290
W ligach ulowych sportowcy bez ogranicze, http://www.sport.pl/moto/1,64997,3029504.html.
291
In addition to the elimination of the limit on the number of EU players who can
play during one match, many federations, including Poland, decided to take it one step
further and removed any limitations as to the overall number of foreigners in any team.
Implementation of these regulations manifested itself primarily in the composition of
sport teams. For instance, the first lineup of Legia in the season 2008/2009 includes 11 foreigners, 7 of whom come from outside the EU (Ukraine, Serbia, Macedonia, Brazil, Nigeria, and Zimbabwe). Foreigners account for almost 50% of the lineup of Lech Pozna
in the season 2008/2009 (mainly from the Balkan states and Latin America), including
one player with dual citizenship Ivan Durdevi (a Serb with Portuguese citizenship).
As regards the elimination of the limit on the number of foreigners, Pogo Szczecin comes out as the best example. In an attempt to reorganise the team, in 2006 its president
Antoni Ptak hired about a dozen players from Brazil. As a result, in a match against GKS
Bechatw (April 2006), not even one Polish player played for Pogo Szczecin.
The rule of non-discrimination referred also to the employment of other sports
professionals, e.g. coaches. This process was made much easier with the system of mutual
recognition of professional qualifications gained in UE Member States and EFTA countries170. This system refers to the category of regulated professions, i.e. coach, instructor
of sports, instructor of physical recreation, instructor of physical regeneration, instruction of sport for the disabled, as well as manager of sports and sporting events171. As
a result, sport clubs could hire top coaches in the EU labour market without any formal
problems. In Poland, these regulations allowed the basketball team Turw Zgorzelec to
hire a Slovenian coach Saso Filipowski in 2006.
Impact of EU funds on the development of Polish regions in the area

of sport
Polands membership in the EU made it possible for Poland to implement projects using structural funds. Although the financial perspective 20042006 contains no
priority related to sport, it was possible to implement projects involving construction,
extension or upgrade of sport infrastructure within operational programmes and the
Community initiative INTERREG III A. Projects involving organisation of sporting
At the Community level, it is regulated by the Directive on the recognition of professional qualifications; cf. the list of national contacts points in EU Member
States, EEC countries and Switzerland within the system of recognition of professional qualifications: http://dms.msport.gov.pl/app/document/file/448/lista_pkt_
kontaktowych_IE.pdf?field=file1.
171
Ministry of Sport and Tourism, Sport w UE, http://msport.gov.pl/sport-w-unii-europejskiej/360-Sport-w-strukturach-UE?retpag=/sport-w-unii-europejskiej.
170
291
292
events under the Community initiatives INTERREG III A and EQUAL172 could use these
funds on a smaller scale.
l
The largest number of projects supporting sports infrastructure in Poland (over
300) were implemented within the Sectoral Operational Programme Restructuring and Modernization of the Food Sector and Rural Development (SOP RD).
Projects covered by this programme included, among others, the upgrade and
provision of equipment in sport facilities in towns and villages of up to 5 thousand residents located in rural areas or in urban and rural municipalities.
l
Additional 130 projects were co-financed from the Integrated Regional Operational Programme (IROP). In addition to construction, extension or upgrade of
sport infrastructure (e.g. sport halls, pitches and courts, gyms, swimming pools),
EU financing also covered projects related to infrastructure promoting active
forms of tourism.
l
The Community INTERREG III A Initiative provided financing not only for sports
infrastructure development projects, but also for organising sporting events. 16
projects received financial assistance, including 7 cross-border sporting events.
In total, 453 sport infrastructure projects were implemented using the financing
provided by structural funds, the majority of which were related to pitches and courts as
well as stadiums (120), followed by sport centres and complexes (108).
Chart 2. Sport facilities using the financing from EU structural funds for the period 20042006
Other
110
Pitches, courts and stadiums

120
Swimming pools
11
Sport halls
89
Spoort centres and

complexes
108
Source: O
wn study based on data provided by the Ministry of Sport and Tourism, Department of International
Cooperation.
INTERREG III A cross-border cooperation projects; EQUAL assistance to groups facing discrimination in the labour market. According to the Ministry of
Sport and Tourism, Department of International Cooperation.
172
292
293
The highest amount of structural funds financing (about PLN 536 mln) was earmarked for projects implemented by municipalities and involving the construction of
sport halls and gyms, the majority of which were located in the vicinity of schools.
These projects included e.g. a sport hall at the Junior Secondary School no. 2 in Lbork
or a sport hall with the auxiliary facilities at the School of Gymnastics in Baranw. PLN
120 mln earmarked for projects involving pitches, courts and stadiums, made it possible
to construct a football stadium at ciegiennego Street in Kielce, to name but one. A similar amount was earmarked for projects involving the construction of sport halls and
complexes, as well as swimming pools. Other projects, related to the development of
areas surrounding sport facilities, as well as certain specific projects, e.g. construction of
a climbing wall, received nearly PLN 150 mln.
453 projects made sport facilities more available to inhabitants of villages or
urban and rural municipalities. As a result, children and young people can enjoy good
conditions and equipment during physical education classes at school, as well as after
school as an alternative form of pastime or to practice sports professionally. For instance,
the European Football Pitch programme Euroboiska based on IROP funds included not
only the construction of football pitches with artificial turf in the Zachodniopomorskie
Region, but also activities in the area of education and health of children and young
people, as well as introduction of an up-to-date football coaching system173. Please note,
however, that in the context of many years of negligence, projects implemented in Poland since the date of accession can serve as an incentive only for further investments in
sport infrastructure and development of sport offers.
Poland implemented one of the leading innovative projects addressed directly to
athletes who finished their careers for any reason. The objective of the project Athletes
in the labour market, co-financed from the European Social Fund under the Community Initiative EQUAL, was to create a Vocational Counselling Centre for Athletes, i.e.
a model system of assistance for former sports professionals who plan to enter the labour
market. The need for such a system resulted from the widespread problem of unemployment faced by former athletes. The project consisted in a series of trainings for athletes
focusing on four subject areas: sports marketing, management of sport organisation
sport discipline manager, sport instructor/playworker, and private entrepreneurship. Training was organised in Mazowieckie and lskie Regions, and was attended by
Ministry of Regional Development, Oddziaywanie funduszy strukturalnych i Funduszu Spjnoci na gospodark Polski w okresie 2004 I poowa 2007, Warsaw,
February 2008, p. 60.
173
293
294
180 athletes, mainly basketball, handball and volleyball players, but also mountaineers,
judokas, ice hockey players, skiers, and wrestlers. After the training, project participants
could take up internship in a sports marketing agency Polish Sport Promotion. As a result, the project Athletes in the labour market achieved three objectives: training for
athletes, an opportunity to apply their newly gained knowledge and skills in practice,
and assistance in entering the labour market with the Centre of Vocational Counselling
for Athletes174.
EU assistance for sport projects can be granted also under programmes coordinated by the European Commission. As there is no separate budget for sport activities, their
implementation was limited. Sport-related projects could use the financing provided by
the following EU programmes: Youth in Action (e.g. the European Voluntary Service),
Europe for Citizens (promotion of active European citizenship, development of cultural
dialogue), as well as Daphne and Daphne II (fight against violence)175.
To sum up, in addition to considerable investments in sport infrastructure based
on EU funds, in the period of Polands membership in the EU, a number of initiatives for
the general public were implemented, including cross-border sporting events, as well as
initiatives targeted at a specific group, e.g. former athletes. These projects had positive effects on certain local communities, especially in areas where the access to sport facilities
and cultural events had so far been limited.
Conclusions
Polands membership in the European Union alone guaranteed equal access to
foreign higher education institutions to Polish citizens, which increased the mobility of
Polish students. In this period, development of the Polish educational system gained momentum based on the implementation of Community programmes and increased funds
earmarked for the modernisation and reforms of the educational system, in line with the
Lisbon Strategy. Procedures and standards of good practice developed in the course of these
projects strengthened links and cooperation between public authorities, NGOs, and local
communities. Development of education in the area of European integration at all levels of
the educational system in the period of EU membership must also be highlighted.
174
175
294
European Structural Fund EQUAL, W jednej druynie. Warsaw, October 2007, http://www.equal.org.pl/biuro_prasowe.php?NID=627&lang=pl.
Data provided by Ministry of Sport and Tourism.
295
In addition, with the mandatory alignment of the Polish law with acquis communautaire, Polish athletes and other people involved in sports could take advantage of
the freedom of movement and employment in any Member State, which provided an
opportunity to train and play for top European clubs. The past 5 years of Polands membership in the EU has positive outcomes in terms of better access to sports, thanks to the
development of regional infrastructure co-financed with EU funds, as well as extension
of the available programmes, based on the assistance to projects related to after school
sport activities for children and youth.
Effects of EU membership in both areas were recognised and appreciated both
by the Polish society as a whole and its specific groups. For the society in general, equal
access to higher education institutions in other Member States and the possibility to take
up work on equal terms with citizens of other Member States in the area of sport were of
key importance. Specific groups took advantage of EU educational programmes of study
or internship abroad (e.g. Erasmus, Leonardo da Vinci), as well as projects implemented
based on EU funds in the area of education and sports for the construction or upgrade of
infrastructure, and support for the development of local communities (e.g. Athletes in
the labour market). To some extent, implementation of these projects helped to upgrade
Polands educational and sport infrastructure. With better access to sport infrastructure,
more people are now able to practice sports in sport clubs or as a pastime. In the period 20042006, growth in the number of people practicing sports increased from 8%
(20002004) to 21%. Football is the most popular sport practiced in clubs in 20042006,
the number of football players increased from 197 thousand to 236 thousand. Volleyball
was almost as popular as football from 173 thousand players in 2004 to 228 thousand
in 2006176. Although the declared activity of Poles is similar to the EU-25 average, i.e.
38% for people practicing sports at least once a week177, it is still relatively low: 7% of
Polish adults practice sports regularly, and 33% practice sports once a week178. Therefore,
we may conclude that the effects of Polands membership in the EU include a gradual
reduction of infrastructural irregularities and actions taken to activate local communities
in the area of education and sport.
Central Statistical Office, op.cit., p. 277.

Eurobarometr, Citizens of European Union and sport. Special Eurobarometer 213, November 2004, p. 3.
178
World Health Organisation, The World Health Report 2002. Reducing risk; promoting healthy lifestyle. Geneva 2002. According to the Ministry of Sport and
Tourism, results of the study of physical activity of Poles are expected in 2010.
176
177
295
296
Culture and tourism

Back in the pre-accession period, Poland participated in the first community initiative
in the area of culture Architectural heritage conservation programme of 1984179. On a larger scale, co-operation between Member States in the area of culture was initiated in 1993
with the entry into force of the Maastricht Treaty Art. 128 of the EC Treaty180 formally started joint action in this area. In 2004, European cultural initiatives gained momentum based
on two documents. The first of these documents Communication from the Commission on
a European agenda for culture of May 2007 was also the very first strategic document in
the area of culture at the Community level. It defined the key aspects of the joint European
cultural agenda. The second of these documents, Resolution of the Council of 2007181, set out
the plan of action in the area of culture at the Community level. Its assumptions refer to the
functioning of the open method of coordination182 as regards culture.
In the area of tourism, joint action is implemented at the Community level, including the exchange of information between Member States, protection of tourist rights,
harmonisation of statistics and joint research, as well as promotion of good practices
relating to the management of tourism. The overall directions of action in the area of
tourism, in accordance with the objectives set out in the renewed Lisbon Strategy, were
defined in 2006 in the Communication from the Commission A renewed EU Tourism
Policy: Towards a stronger partnership for European Tourism. This Communication defines two objectives of this policy: to improve the competitiveness of European tourism
and promote the sustainable development of tourism183.
Poland was covered by this programme in 1990s. Renovation of the Royal Baths Park amphitheatre was one of the projects implemented under this Community
initiative.
180
It highlights the role of cultural diversity and common cultural heritage of Europe.
181
Resolution of the Council of 16 November 2007 on a European Agenda for Culture, Official Journal 2007 C 287/1.
182
This method consists in a flexible approach to the participation of MS in priority areas for action, which should lead to the common direction of development
in this area.
183
Communication from the Commission A renewed EU Tourism Policy: Towards a stronger partnership for European Tourism, COM(2006) 134, Brussels, 17 March
2006
179
296
297
Culture
The cultural activity of Poles changed in the period of Polands membership in
the EU, which is evident when we compare the attendance recorded by cultural institutions in 2000 and 2007.
Chart 1. Cultural activity of Poles in 2000 and 2007
40 000 000
35 000 000
30 000 000
25 000 000
2000
20 000 000
2007
15 000 000
10 000 000
5 000 000
0
theatre
cinema
museum
art gallery
public library
Source: O
wn study based on May Rocznik Statystyczny Polski 2008, the Central Statistical Office (http://
www.stat.gov.pl).
In 20002007, the number of movie-goers in Poland increased from about 21

mln to almost 34 mln. The number of museum visitors increased considerably from
16.5 to nearly 20.5 mln. The number of art gallery visitors was up by almost one million. A slight drop was recorded in the number of theatre-goers and public library users.
Technological advances are the reason behind these changes, among others, especially in
the case of public libraries and cinemas. Results of the study conducted by the National
Library in 2006 indicate that every tenth Polish reader buys books on the Internet (often
at lower prices than in bookstores), and every fifth Polish Internet user reads e-books
on-line184. On the other hand, the increasing number of movie-goers may result from
G. Straus, K. Wolff, S. Wierny, Czytelnictwo, zakup ksiek i wykorzystanie Internetu w Polsce w 2006 r. Komunikat z bada, http://www.bn.org.pl/doc/konferencje/komunikat20070309.
184
297
298
better availability of movie theatres. Although the overall number of cinemas dropped
from 675 to 496 in 20002007, the latter number includes 25 miniplexes and 41 multiplexes, sometimes offering a dozen or so of movie screens each. As a result, the number
of movies almost doubled (from 528 thousand in 2000 to 1191 thousand in 2007). Location of multiplexes, some of which are located in shopping malls is an additional factor
increasing the availability of cinemas (e.g. Cinema City network in 6 shopping malls
in Warsaw alone).
Implementation of culture-related projects

At the EU level, priorities in the area of culture were implemented on the bases
of three programmes. Kaleidoscope, focusing on the artistic exchange, was the first of
these programmes (launched in 1996), followed by Ariane (books and reading) and
Raphael (protection of common European cultural heritage). Based on the successful implementation of these three programmes, a decision was made to combine their
subject areas into a single programme Culture 2000, initially scheduled for five years
(20002004). This programme involved annual, multi-annual, or special programmes
(e.g. European Capitals of Culture) in the area of performance and visual arts, cultural
heritage, as well as books and reading.
Poland was included in these programmes in 1990s, and EU funds were used to
finance the Malta International Theatre Festival in Pozna or to renovate baroque altars
in the church of the Franciscan order in Kalwaria Pacawska. Polish cultural operators
joined Culture 2000 in 2001. In the context of Culture 2000, Polands accession to
the EU had immediate effects: the number of projects involving Polish co-organisers185
more than doubled (from 13 in 2003 to 27 in 2004). In 20012006, about 300 Polish
cultural operators186 participated in Culture 2000 projects half of them as leaders187
or co-organisers of projects, the other half as partners188. The total of 1078 projects was
implemented under Culture 2000 programme. In terms of the number of projects, Poland ranked second in the group of new Member States after the 2004 enlargement (23
Co-organiser is a cultural operator from one of the countries participating in the Programme with a specific involvement both in the design, implementation and
financing of the project. Program Kultura 2000. Wezwanie do skadania propozycji na rok 2004, http://www.kulturpont.hu/letolt/2004/k2e_2004_lengyel.pdf.
186
Cultural operator is a legal person ready to start co-operation in the implementation of projects in the area of culture with the involvement of foreign partners.
Definition based on information provided by the Cultural Co-operation Focal Points.
187
Project leader is a cultural operator from a country participating in the programme acting as the legal co-signatory for the EU grant agreement awarded by the
European Commission. Program Kultura 2000, op.cit.
188
Partner is a cultural operator participating in project-related activities. Ibid.
185
298
299
projects)189. The tenth Anniversary of the Shakespeare Festival in Poland, with Theatrum Gedanense as project leader, was one of these initiatives190.
The key aspect of Culture 2000 was the possibility to work with foreign partners,
which was a condition precedent for any grant of funds, and at the same time one of the
most challenging requirements of this programme. However, the fulfilment of this requirement not only guaranteed the release of EU funds, but also created an opportunity to
form a network of contacts with partners from other Member States. Polish cultural operators usually co-operated with partners from Italy, the Czech Republic, Spain, and France.
Culture 2000 was followed by Culture 20072013, with the overriding objective to build a civil society by supporting the transnational mobility of people working in
the cultural sector, encouraging the transnational circulation of works of art and artistic
and cultural products191, and promoting intercultural dialogue. Compared to its predecessor, Culture 20072013 programme has much larger budget and wider range, as it
offers co-financing and support for projects in a single area (e.g. theatre) or interdisciplinary projects, as well as the activities of certain organisations at the Community level
(ambassadors of culture, European networks of co-operation, festivals). Polish projects
launched in 2008 based on EU funds included, among others, a project of Tadeusz omnicki New Theatre in Pozna which was a joint initiative of six theatres from different
parts of the world focusing on the theatrical interpretation of Noahs Ark.
Audio-visual sector in Poland

Polish legal framework of the audio-visual sector was defined in the Broadcasting Act of 1992, subsequently amended and adjusted to EU standards. Another amendment is planned for mid-2009 and will involve complete transposition of the key
legal act regulating the EU audio-visual sector Television without Frontiers (TVWF)
Directive. It has been effective for all Member States since 1989. The main objectives
of this directive include regulation of services provided by the new media (the Internet, mobile phone) and consumer protection. Consumer protection refers mainly
to the protection of the under-aged viewers against content containing pornography
The Czech Republic came first with 30 implemented projects.
J. Sanetra-Szeliga, Dowiadczenia i udzia Polski w Programie Kultura 2000, [w:] Kultura 2000. Album projektw zrealizowanych z udziaem Polski w latach
20012006, Ministry of Culture and National Heritage, Depertment of Culture and National Heritage, Cultural Co-operation Focal Point.
191
Not only among museums and art galleries but also among subjects not directly related to the sphere of culture but which obtained the grant for realisation of
a project.
189
190
299
300
or violence, ban on the exclusive rights of private TV stations for the transmission of
events addressed to the general public with the participation of the national team (e.g.
the Olympic Games), as well as the maximum advertising time imposed on all broadcasters. In addition, TVWF Directive defines the requirement for the transmission of
a minimum number of European programmes, which should guarantee a balance in
the number of European and American programmes. This provision is of particular importance, considering that about 75% revenues recorded by European movie theatres
come from American productions.
Just as in the case of Culture 2000, Poland had taken part in Media Plus
and Media Training programmes already before the accession. The goal of these programmes was to support the production and distribution of films, promotional events
and actions facilitating market access, as well as pilot projects and training for specialists. For instance, in the period 20012006 support was granted to 37 Polish film productions, including 14 movies and 14 documentaries. Co-financing was also granted
to annual festivals promoting the European cinematography, such as Warsaw Film
Festival and CAMERIMAGE192, and training grants were assigned to Andrzej Wajda
Master School of Film Directing and Independent Film Foundation. In the 20072013
financial perspective, Poland participates in the programme Media 2007, a continuation of the previous two programmes. In the first round of grants assigned under
Media 2007, financing was granted to International Young Audience Film Festival
Ale Kino!, among others.
Structural funds in the area of culture

In the previous financial perspective for 20042006, culture was not treated as
a separate area, but as part of tourism193. In this period, a number of activities in the
area of culture were implemented under programmes supporting regional development,
improvement of competitiveness, development of human resources, and rural development. With the support from structural funds for 20042006, over 300 culture-related
projects of the total value of PLN 1.7 bn were implemented194. In this chapter, a more
International Film Festival of the Art of Cinematography.
In 20052006, Greece and Portugal created their own separate operational programmes supporting their culture and national heritage.
194
Ministry of Culture and National Heritage, Moliwo finansowania kultury z funduszy europejskich w latach 20072013, http://www.mkidn.gov.pl/doc/Finansowanie_kultury-2007-13.pdf.
192
193
300
301
detailed analysis of specific projects implemented as part of the selected programmes and
by specific cultural institutions195 is presented.
l
Regional development in the area of culture was supported by the Integrated
Regional Operational Programme (IROP) about PLN 245 mln was earmarked
for cultural programmes196. The majority of these projects focused on national
heritage and cultural infrastructure. For instance, structural funds were used to
renovate the palace and park Ksi Castle in Wabrzych, as well as to construct
the Museum of Modern Art in Toru. A relatively small number of soft projects (i.e. cultural events of various kinds) were supported under IROP. These
included Wagner Opera Festival organised by Wrocaw Opera as well as Ostrda
Reggae Festival promoting the region of Warmia and Mazury.
l
Cross-border projects focusing on the co-operation between Poland and its neighbours were supported by Interreg III A programme. Over PLN 14 mln was
earmarked for projects such as Polish Ukrainian Youth Center of Cultural Initiatives in Krasnymstawie (Interreg Poland-Belarus-Ukraine), Folklore Festival
Opawskie Mountains Jeseniki (Interreg PolandCzech Republic), Between the
Czarna Hacza and Neman River artistic peregrinations on the borderland (Interreg PolandLithuaniaKaliningrad), as well as Cyberfolklor the Beskids folklore
and the folk art from the Polish-Slovakian borderland in the interntet and photographies (Interreg Poland-Slovakia).
l
Creating a new system of social economy in districts of Nowa Huta197 was the goal
of a project implemented under the Equal Community Initiative Programme The
Partnership of Initiatives for Nowa Huta, with the grant exceeding PLN 4 mln198.
l
Projects implemented under the Sectoral Operational Programme Restructuring
and Modernisation of the Food Sector and Rural Development (SOP RD) were
of local character and focused mainly on the provision of equipment for libraries
and community centres, as well as the development and upgrade of social infrastructure. For instance, a project for the management of a castle and community
centre was implemented in Liw. Co-financing used under this programme exceeded PLN 4 mln199.
Culture-related projects were implemented also by other entities, such as NGOs. Projects in the area of culture were supported by SOP ICE and SOP HRD, but
no data on this financing is available.
196
Data provided by the Ministry of Culture and National Heritage.
197
Public Information Bulletin of Cracow, Partnerstwo Inicjatyw Nowohuckich Nowa Huta Nowa Szansa, budowa partnerstwa na rzecz rozwoju zainicjowana przez
Dom Kultury im. C.K. Norwida w Krakowie temat D, IW EQUAL, http://www.bip.krakow.pl/?sub_dok_id=13484.
198
Ibid.
199
Data provided by the Ministry of Culture and National Heritage.
195
301
302
In total, as regards EU
funds to be used in the area of
culture in the financial perspective 20072013, PLN 1.7
bn was earmarked under SOP
Infrastructure and Environment, and the additional PLN
2.2 mln under Regional Operational Programmes. In addition,
culture-related projects may be
The Palace in Wilanw, Warsaw. A photo sent as part of a photography competition
co-financed from SOP InnovatiPolands getting lovely, organised by the Ministry of Regional Development. Conservation
and restoration works in the Chinese and Hunters Rooms of the Wilanw Palace Museum
ve Economy and European Tercarried out in 20052007 as part of a project entitled Restoring the interiors of the
Wilanw Palace Museum the very first museum of fine arts in Poland with a support of
ritorial Cooperation Programfinancial resources obtained within the ZPORR [IROP]. This project was awarded Grand
Prix by the Ministry of Culture in the competition entitled Museum Event of the year 2007
me200. Under the operational
programme Infrastructure and Environment, the Ministry of Culture and National Heritage announced its first-ever competition in 2008; out of 113 applications, 28 projects
focusing on environmental protection and cultural infrastructure, as well as art schools,
were granted the total of about PLN 690 mln201.
Promotion of Polish culture

The European Capital of Culture initiative, formerly known as the European City
of Culture, was launched in 1985. Athens was the first city to receive this title. The main
objective of this initiative is to promote the cultural richness and diversity of Europe.
Considering the many benefits enjoyed by the organiser of this event prestige, local
investments, new jobs, and involvement of the local community a number of Polish
cities, including Warsaw, d, Szczecin, Gdask, Lublin, Pozna, and Toru, applied as
candidates for this title in 2016202.
In the context of promotion of Europes cultural richness and diversity, ministers
of culture of EU Member States adopted the European Cultural Month initiative back in
Ibid.
Ministry of Culture and National Heritage, Pienidze dla kultury, http://www.mkidn.gov.pl/dziennikarze/2942.html.
202
Promotional activities have already been launched updates are available at: http://www.torun2016.eu/, http://kultura.lublin.eu/, http://www.lodz2016.pl,
http://www.gdansk2016.eu/, http://www.szczecin2016.pl/esk2016/chapter_89002.asp, http://www.2016poznan.pl/,http://www.um.warszawa.pl/wydarzenia/esk.
200
201
302
303
1990, with the goal not only to promote culture in EU Member States, but also in associated states. Every year, this title is granted to two cities one representing a country that
had become a Member State before 2004, and one from a new Member State. Krakw
was the first city to organise the European Cultural Month. It was a prestigious event for
Poland. In June 1992, during the period of economic transformation and profound political changes, organisation of 30 exhibitions, 40 open-air events, and 60 theatre and music
performances created a unique opportunity to present the cultural heritage of Krakw to
the citizens of Europe.
Promotion of the common cultural heritage and understanding of cultural diversity was the overriding objective of the European Year of Intercultural Dialogue initiative
launched in 2008. Projects were implemented both at the European and Member State
level. In Poland, the national coordinator of this event National Centre for Culture
created a strategy presenting Polands tradition based on many different religions, and
at a local level promoting the local multi-cultural contexts based on co-operation with
Polands neighbours (links with the Czech, Jewish, German, Ukrainian, and Belarusian
culture). As part of the European Year of Intercultural Dialogue in Poland, 13 projects
were implemented (including festivals, debates and conferences, publications), and additional 68 events were organised in Poland under its auspices.
In addition to the prestigious title of the European Capital of Culture or the European Cultural Month, organisation of many events in different areas may have additional
effects increased cultural tourism and development of the culture sector in a given city.
It also promotes Polands good image in Europe, which is of particular importance in
the context of labour migration of Poles looking for jobs in other Member States. After
the successful campaign launched in 2005 by the Polish Tourist Organisation promoting
the image of a Polish plumber and a Polish nurse in France to change the negative perception of the inflow of cheap labour force from EU-8 to EU-15, the Adam Mickiewicz
Institute launched a new campaign. Polish Year in the UK Polska!Year is a campaign
targeted at the British society and covering cultural events to be organised from May
2009 to May 2010. The goal of this campaign is to present Poland as a modern, dynamically developing country, sharing certain values with the UK, and taking pride in its rich
cultural heritage.
To sum up, actions promoting the selected cities and implemented as part of the
Community initiatives are implemented at the Community level and result primarily in
the promotion of a particular city. On the other hand, campaigns targeted at a specific
303
304
Member State, which may be tailored to a given society and promote Poland in general,
run a greater chance of changing the image of Poland and Poles in the EU. Changes in the
number of tourists coming from France to Poland in 2005, i.e. in the year when the Polish plumber campaign was launched in France, confirm this conclusion. In comparison
with the previous year, the number of French tourists was up by nearly 13%. It was the
highest increase in the number of French tourists recorded in the period 19992007203.
Outgoing tourism
In 1990s, the number of Poles crossing the Polish border when travelling abroad was growing dynamically, reaching the highest level in 2000 56.7 mln. However,
a considerable drop was recorded in the following years in 2004, the number of tourists
travelling abroad represented only 66% of outgoing tourism recorded in 2000. Polands
accession to the EU reversed this trend in 2007, 47.6 mln Poles travelled abroad. In
20042007, the majority of Poles crossed the southern border of Poland, and many Poles
travelled west and east (the highest increase in the number of tourists in this period was
recorded in the eastern border up by 45%)204. It resulted from the increasing number
of Polish tourists travelling to certain countries of the Central Europe and the Mediterranean (e.g. France, Croatia, and Hungary)205.
Tourist activity206 of Poles understood as the share in domestic and foreign travel
remained at a high level (60%) in the period 19972000. Before the accession, it dropped
sharply from 62.6 mln in 2002 to 45.9 mln in 2004. This trend remained in effect even
one year after the accession (Chart 2).
This variable trend of declining and increasing number of travels was maintained
during the period of Polands membership in the EU, both in the case of domestic and
foreign travel, but also short- and long-term travel207. It is worth pointing out that the
share of Poles indicating financial matters as a reason for staying home, dropped after the
accession208. It means that the period of economic upturn (resulting, among others, in an
Based on data provided by the Institute of Tourism, Przyjazdy do Polski w roku 19992007, http://www.intur.com.pl/bazy/granice/k2.php?rok=19992007.
Number of Polish tourists (in millions): western border 12,917 in 2004, 16,836 in 2007; southern border 17,947 in 2004, 17,762 in 2007, eastern border
3,885 in 2004, 7,012 in 2007; the Central Statistical Office based on data provided by the Border Guards, Institute of Tourism, Wyjazdy z Polski.
205
Institute of Tourism, Tabela 3. Zagranicznie wyjazdy polskich turystw wedug odwiedzanych krajw, http://www.intur.com.pl/wyjazdy.htm.
206
Tourists are visitors using group or individual accommodation facilities in a given country, region or town, for at least one night, Ministry of Sport and
Tourism, Department of Tourism, Raport o stanie gospodarki turystycznej w latach 20042006, Warsaw, June 2008, p. 108.
207
Ibid.
208
Institute of Tourism, Krajowy Ruch Turystyczny, http://www.intur.com.pl/ruch.htm.
203
204
304
305
increase in the average monthly remuneration in real terms up by nearly 21% in 2007
vs. 2000) halted the downward trend in the tourist activity of Poles, but did not result in
any significant growth in the number of domestic and foreign travel. One of the reasons
behind this trend may be the structure of actual and planned spending of Poles; after the
accession, Poles focused more on investments in real estate (up from 32,114 in 2000 to
67,235 residential buildings handed over for use in 2007, with comparable changes in
population in these years)209.
Chart 2. Number of foreign and domestic travels of Poles and forecast for 20092011
70
60
61.5
62.6
50
55.6
40
mln
45.9
45.8
42.1
30
41.8
44.2
45.6
47.2
48.6
20
10
0
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
Source: Own study based on data provided by the Institute of Tourism.
The highest number of foreign travels of Poles was recorded in 2006 (Chart 2) with
the increased number of both domestic and foreign tourists (mainly to Germany, the Netherlands, and the UK). It resulted from the highest tourist activity both in the group of Poles
with secondary and primary education (whose share in tourism in general is low), as well as
city-dwellers and students (who travel abroad more often)210. However, it is difficult to determine how many of these travellers were actual tourists, and how many went abroad to take
up jobs. According to Public Opinion Research Centre, in the three-year period of Polands
membership in the EU, the number of Poles working abroad reached nearly two million211.
209
210
211
Central Statistical Office, op.cit., p. 112, 172, 357.

Institute of Tourism, Krajowy, op.cit.
Public Opinion Research Centre Praca Polakw za granic. Komunikat z bada, Warsaw, March 2007, p. 2.
305
306
In 20042006, the purpose of travel declared by Poles changed. In the area of domestic travel, the number of Poles travelling for tourism and leisure purposes increased; in
foreign travel, increase was recorded in the number of Poles travelling for other purposes
(e.g. religion or health related travel)212. The structure of countries visited by Poles also
changed in this period. Although this data does not include labour travel, the highest
increase (from 0.15 mln to 0.85 mln) was recorded for the UK, followed by Belgium and
Denmark, while the highest drop was recorded for Germany and Austria. These changes
resulted primarily from the opening of labour markets for Poles in most Member States
after the accession and the resulting inflow of Polish workers at the expense of Germany
and Austria, where transitional periods were kept. On the other hand, this increased inflow of workers, for instance to the UK, could stimulate other types of tourism, such as
family visits in 20042007, every fourth Pole travelled abroad for this purpose213.
Incoming tourism214
In 2008, for the second time ever, Poland was listed in a prestigious Country
Brand Index (CBI), ranking fifth in one of 30 categories Value for money Offering the
most in return for the price you pay, right after the Czech Republic215. A year before, Poland ranked eighth in the category Rising Star Seen as on their way to becoming major
destinations, after the Czech Republic and Hungary216. It means that Poland has a chance to become an attractive tourist destination in the nearest future217.
Just as in the case of outgoing tourism similarly to the ongoing tourism of Poles
the number of foreign tourists coming to Poland dropped in the pre-accession period
down to 13.7 mln in 2003. This trend was reversed after the accession and the number
of tourists was on the increase until 2006, reaching 15.7 mln (Chart 3). In the following
years, the number of foreign tourists dropped again, despite the fact that Poland joined
the Schengen zone which should make even more attractive as a destination for foreign
tourists218.
Ministry of Sport and Tourism, Department of Tourism, op.cit., p. 6064.
Ibid.
The term tourism refers to all activities of visitors, including both tourists (i.e. visitors staying for at least one night), as well as one-day tourists. Incoming
tourism refers to persons staying permanently abroad and visiting a given country. Institute of Tourism.
215
Future Brand, Country Brand Index 2008, p. 55.
216
T. Komornicki, Infrastruktura, [in:] 4 lata czonkostwa Polski w UE. Bilans kosztw i korzyci spoeczno-gospodarczych, Office of the Committee for European
Integration, Warsaw 2008, p. 11.
217
Ibid.
218
W. Bartoszewicz, T. Skalska, Zagraniczna turystyka przyjazdowa do Polski w 2007 roku, Institute of Tourism, Warsaw 2008, p. 7489.
212
213
214
306
307
Chart 3. Number of tourists coming to Poland in 20012008 and the forecast for 20092011
16.5
16
16
15.5
15.7
mln
15
15.4
15.2
15
15
14.8
14.5
14.3
14
14.3
14
13.5
13.7
13
12.5
2001
2002
2003
2004
2005
2006
2007
2008
2009
2010
2011
Source: Own study based on data provided by the Institute of Tourism.
Germans were the largest group of foreign tourists from EU-15. Their visited Poland twice as often as the total number of tourists from other EU-15 Member States. Therefore, to ensure that the assessment of effects of the accession on changes in the directions
of tourism from EU-15 is as accurate as possible, data presented below does not include
Germany. If we compare 2007 to 2003 in terms of the number of foreign tourists from
EU-15 (with the exception of Germany), we can see that Polands accession stimulated the
increase in tourism halted by 2003 by 2007, it was up again by 56%219. Polands accession
to the EU was the reason behind this increase. After the accession, foreign tourists from
EU-15 took interest in Poland as an attractive destination and at the same time the largest
new Member State in the CEE region. The second major effect of the accession, and also
appreciation of PLN, was the increase in trade with EU-15 (cf. chapter on macroeconomic
perpective), resulting in the increased volume of business travel. In addition, the past several years saw a dynamic growth of cheap airlines and development regional airports in
Poland, making Polish cities more available at lower ticket prices.
In 20042006, most tourists visited the province (voivodship) of Mazowieckie,
followed by Wielkopolskie, Lubelskie and Dolnolskie. Significant increase in the number of tourists was recorded in the province of Podkarpackie (319%), Lubuskie (219%),
219
Central Statistical Office, May, op.cit., p. 271.
307
308
and Dolnolskie (170%)220. Foreign tourists usually visited Polish cities, including primarily Krakw (mainly for tourist purposes) and Warsaw (mainly for business).
Before the accession, the following five reasons for travelling to Poland were
usually given by foreign tourists: tourism (leisure, sightseeing, entertainment, sports,
and hobbies), business, visiting family and friends, shopping, and transit. In 2007, business was the main reason for travelling to Poland quoted by foreign tourists, followed by
transit (2.8 mln over a twofold increase since 2003). A similar dynamic upward trend
was recorded for tourists who came to Poland to do shopping. After 2004, the number
of tourists who came to Poland for typical tourism-related reasons or to visit family of
friends has been on the decrease (2.7 and 2.3 mln in 2007, respectively). After Polands
accession to the EU, health-related travel (medical tourism) became one of the reasons
for travelling to Poland. The increased interest in the Polish offer of medical and rehabilitation services resulted from the attractive prices combined with high quality of
service. This reason was given mainly by tourists from Germany, Russia, Ukraine, the
Czech Republic, Italy, and Austria. Given one of the major challenges faced by Europe
the ageing society, it is a long-term trend, and development of the specific segment of
tourism related to health services may be considered as an opportunity221.
Economic aspects of tourism in Poland

In 2007, Polands tourism sector brought inflows of PLN 70.2 bn, i.e. about 3% of
global inflows from tourism and 6% of Polands GDP222. This dynamic growth was reflected in the increasing amount of foreign currency revenues from tourism in 20042007
in nominal terms. 2004 was the key year, as it saw the reversal of an earlier drop in revenues recorded in 20012003, both for tourists and one-day visitors. In the subsequent
years, this growth in revenues gained momentum. In 2006, revenues were up by 18% vs.
2005, and in 2007 they were up again by 44% vs. 2006. In 20032007, an over four-fold
increase was recorded for foreign currency revenues from tourism, and nearly a two-fold
increase for one-day visitors. In 2007, the highest spending per person was recorded for
tourists representing the following Member States: Belgium, Sweden, Finland, France,
W. Bartoszewicz, T. Skalska, op.cit., p. 7489.
Ibid.
222
Miejsce turystyki w gospodarce narodowej Polski w latach 20042007, http://dms.msport.gov.pl/app/document/file/556/Raport_o_stanie_gospodarki_-gospodarka2.pdf?field=file1.
220
221
308
309
and the Netherlands (from 383 to 402 USD). The lowest spending was recorded for the
Czechs (105 USD) and Hungarians (124 USD)223. One of the possible explanations of this
dynamic growth in revenues is the strengthening of PLN vs. USD and EUR in this period, as well as the rising prices in Poland224.
Impact of EU funds on the development of Polish regions

in the area of tourism
EU funds added to the development of the potential of Poland in the area of tourism, which has been undergoing considerable transformation since the mid-1980s, for
instance in terms of the development of the hotel base at the expense of the formerly widespread holiday resorts. In 20042006, mainly as part of IROP, but also INNTEREG III
A225, SOP ICE and SOP RD, about 2.8 thousand investment projects were implemented
in the area of tourism (including agri-tourism projects), based on co-financing with EU
funds (nearly PLN 900 mln in total). In terms of the amount of funding, the leading beneficiaries of EU support included the province of lskie (PLN 100.9 mln), Mazowieckie
(PLN 85.5 mln), and Warmisko-Mazurskie (PLN 76.1 mln)226. The highest number of
projects (305) was implemented in the province of Lubelskie, followed by Mazowieckie
and Zachodniopomorskie. Local government authorities were the main beneficiaries of
EU aid (86%); on a smaller scale, EU funds were also used by cultural institutions, farmers, NGOs, as well as churches and religious associations227.
Many training courses were organised as part of these projects, including tourist
product management, implementation of innovative solutions, as well as courses for
tourist guides. For instance, the project Training and advice for residents of rural areas
for the development of agri-tourism in the Narew and Biebrza river basins was implemented in the province of Podlaskie. These projects were usually connected with tourist
infrastructure, e.g. renovation of historical sites and buildings, development of restaurants and the catering business, as well as building of walking paths, bicycle lanes, and
ski routes. Project implemented in this area included, among others, Reconstruction of
Institute of Tourism, Charakterystyka przyjazdw do Polski w 2007 roku, http://www.intur.com.pl/turysci2007_1.htm.
Ibid.
225
INTERREG III A cross-border co-operation programmes.
226
Ministry of Regional Development, Fundusze unijne wspieraj rozwj turystyki, http://www.mrr.gov.pl/Aktualnosci/Fundusze%20unijne%2004-06/Strony/
konf_fundusze%20dla%20turystyki.aspx.
227
Ibid.
223
224
309
310
the trade centre and amber trail from the ancient Roman times in Pruszcz Gdaski and
Modernisation of the spa and health resort part of the village of Zockie228.
In 20072015, co-financing of projects in the area of tourism will exceed the support granted in 20042006 by several times, considering that about PLN 3 bn was earmarked for this purpose as part of Regional Operational Programmes only. Co-financing will
be granted to tourism-related projects supporting the social and economic development of
regions, promoting tourism-related businesses and activities, as well as cultural tourism,
environmental protection, and revival of degraded sites. In addition, as part of SOP Innovative Economy, about PLN 1.6 bn was earmarked for priority Polish economy on the
international market, supporting projects focused on the promotion of Polands tourist
attractions and investments in supra-regional tourist products. Under SOP Development
of Eastern Poland, about PLN 40 mln was earmarked for the promotion of eastern Poland,
about PLN 400 mln for projects related to conference and exhibition infrastructure, and
about PLN 200 mln for the planning of cycle routes. In addition, the personnel and entrepreneurs representing the sector of tourism, hotels and restaurants, may participate in
projects supporting the development of human resources under SOP Human Capital229.
Conclusions
Effects of Community initiatives and programmes as well as projects implemented
using EU funds in the area of culture can be observed in Poland both in the group of artists
and cultural operators. The involvement of Polish artists and cultural operators in international projects popularised Polish culture in EU Member States in areas such as theatre,
cinematography, music, painting, sculpture, or literature. On the other hand, alignment of
the Polish legal system with the Community acquis as regards the audio-visual sector, i.e.
implementation of the Television without Frontiers Directive, ensured the necessary protection of TV and Internet users, especially minors. Participation of Polish cities in Community initiatives such as the European Capital of Culture, European Cultural Month, and
European Year of Intercultural Dialogue, was an opportunity to promote the rich culture
of Poland, and specifically the participating Polish cities, in the European arena.
In the area of tourism, Polands accession to the EU did not result in any dynamic
and steady growth in tourism (neither outgoing nor incoming). Trends observed in this pe228
229
310
Ibid.
Ibid.
311
riod were shifting, which in the case of outgoing tourism cannot be explained, considering
that it was the period of economic upturn. As regards incoming tourism, these changes can
be explained by the growing interest in Poland as a tourist attraction for EU-15 citizens on
the one hand, and by stricter limitations imposed on tourists coming from the east after
Poland joined the Schengen zone on the other hand. Therefore, if there is any specific
effect of membership, it would be the reversal of a sharp decline in both incoming and
outgoing tourism. It resulted in a revival of the tourist business, especially in terms of the
employment ratio in hotels and travel agencies. The second main effect of membership
was the increase in revenues from tourism resulting from the economic upturn and the
related appreciation of PLN. In addition, the structure of preferences of tourists visiting
Poland also changed. Changes in the purpose of travel declared by foreign tourists were
accompanied by an emergence of a brand new segment medical tourism, which has
a great potential for growth given the ever-increasing demand for health services and the
attractive Polish offer (high quality at relatively low prices).
There was yet another important effect of membership an opportunity to apply
for and receive grants to co-finance the implementation of projects, e.g. related to infrastructure and training in the area of culture and tourism, which had a particular impact
on the economies of smaller towns and villages, extending their cultural and tourist offer
and making them more attractive as potential tourist destinations. Making good use of
structural funds under the financial perspective 20072013 and the programme Culture
20072013, Polish regions have a chance to use culture and the related culture-oriented
tourism as a stepping stone to achieve social and economic development.
In the context of promotion of Polish culture and tourism, the second half of
2011 will be of key importance considering that Poland will take over EU Presidency. If
Poland is also selected to host the European Tourism Forum in this period, we will have
a unique opportunity of an intensive, six-month promotion of our cultural and tourist
attractions, which should stimulate growth in outgoing tourism, and by extension
business tourism. In 2012, Poland will host the UEFA European Football Championships.
It will be yet another opportunity to present Poland as an up-to-date, modern country,
and an attractive destination for tourists looking for active forms of pastime. In 2016, one
of the Polish cities that will receive the title of a European Capital of Culture will have
a chance for a super promotion in Europe. These new opportunities to promote Poland
on a European scale should be used to change its image and promote it as a modern, hospitable, and safe country, taking pride in its rich cultural heritage and beauty of nature.
311
312
Consumer protection and public health

Polands membership of the European Union (EU) has impacted two important
areas: consumer protection and public health. These areas have been covered by European integration almost from its very beginning. On the one hand, effective regulation of health protection issues in terms of cross-border workers was a pre-requisite for
a well-functioning internal market. On the other, considering the economic growth and
a robust level of trade in goods and services, high level of consumer safety and protection was necessary. Improvement in the quality of life and health of EU consumers was
possible also as a result of long-term strategies and various thematic programmes implemented by the EU in these areas.
S ituation of Polish consumers in the context of EU

membership
Since early 90s, the number and diversity of products available in (previously
usually closed) markets in candidate countries have increased on an unprecedented scale. The key effects of these market changes included a steep increase in consumption
resulting from liberalisation and increase in trade between Poland and other countries.
As a result, consumers were offered more choice than ever and better access to products
diversified in terms of quality and price230. They have also become a target group for advertisements and various types of promotional activities including unfair and dishonest
activities231.
230
231
312
Raport w sprawie korzyci i kosztw integracji RP z UE, Council of Ministers, 26 July 2000, p. 43.
B. Kutin, Consumer protection in an enlarged Europe, Consumer Policy Review, 9/10. 2005, Vol. 15, No 5, p. 198.
313
For many years, the European Union has implemented a number of initiatives to
improve the status of its consumers, in accordance with the overriding objective of the
EU, i.e. improvement of the quality of life of all citizens232. The basis for the implementation of consumer policy was defined in the Treaty establishing the European Community
(EC Treaty)233. On this basis, the EU has adopted a number of directives and regulations
over the years, which have had a measurable effect on the improvement of consumer
protection also in Poland. For the sake of clarity it is worth stressing that the relevant
consumer protection institutions and legislation have been introduced in most candidate
countries, including Poland, as a result of the harmonisation process arising from their
membership aspirations, not necessarily as a reaction to the specific need to create consumer policy in that period234.
In addition, the period of Polands accession overlapped with the implementation of the EU Consumer Policy Strategy 20022006235 and the EU Consumer Policy
Strategy 20072013236. After 2007, the EU provided EUR 156.8 mln under the European
consumer programme237.
Implementation of consumer acquis communautaire

in Poland
As already mentioned, consumer protection was implemented based on, inter
alia, the implementation of the European law and institutional reforms. The perspective
of Polands membership of the EU brought about significant changes in terms of the importance and competencies of the President of the Office for Competition and Consumer
Protection (OCCP). As a result of the alignment of the Polish law with EU standards, the
President of OCCP enjoys a special position, independent of the executive. As part of the
implementation of acquis238, additional procedural regulations were also adopted, introducing i.a. procedures to be applied in cases of practices violating collective consumer
Your rights as a consumer How the European Union protects your interests, European Commission, DG Communication, February 2007, p. 3.
Art. 152 of EC Treaty.
B. Kutin, op.cit., p. 199.
235
Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee on the EU Consumer Policy
strategy 20022006, COM(2002) 208.
236
Communication from the Commission to the Council, the European Parliament and the European Economic and Social Committee on the EU Consumer Policy
strategy 20072013, COM(2007) 99.
237
Health & Consumers Voice, Newsletter on food safety, health and consumer policy from the European Commissions Health and Consumer Protection DG,
January 2007.
238
Directive 98/27/EC, Official Journal 1998 L 166, p. 51.
232
233
234
313
314
interests. At the same time, many definitions contained in the Polish law were aligned
with the relevant provisions of the EC Treaty239.
As regards the implementation of consumer acquis communautaire, Poland assumed certain obligations in this area already under the Europe Agreement of 16 December 1991. 19982002 was the key period of implementation of the European consumer
protection law240. Among others, specific regulations241 were introduced in areas such as
liability for dangerous consumer products, abusive contract clauses, or contracts concluded in extraordinary circumstances. Time-sharing242, tourist services, and consumer
loans243 were also regulated. These regulations made it possible to effectively apply and
enforce consumer laws in Poland, both by consumer protection authorities and consumer organisations, as well as by consumers themselves. The key aspects of the implementation and application of consumer acquis in Poland are described below.
To start with, implementation of Community laws brought with it specific regulations on dangerous product liability in Poland. Relevant provisions were added to
the Polish Civil Code, defining dangerous products, specifying detailed rules of product
liability, and separating manufacturer and producer liability for any damage resulting
from the use of such products. These regulations contributed to the clarification of civil
law interpretations, and thus to greater certainty of legal transactions. They also had
informative value, providing an explicit basis for liability actions. Being widely known,
these regulations may encourage consumers to enforce their rights244.
The so-called abusive clauses were another important area subject to harmonisation at European level. Regulations contained in the Polish Civil Code include i.a. a list of
sample clauses that may be considered abusive, the scope of assessment of the compliance
of contracts clauses with good practices; they also define cases when references to other
contract clauses similar to abusive clauses may render these other clauses null and void245.
The Court of Competition and Consumer Protection (CCCP) was authorised to conduct
abstract (with no reference to a specific case) checks of sample contracts. The impact of
regulations arising from the implementation of European laws in this area is invaluable246:
Polish entrepreneurs started to pay attention to whether certain contract clauses were
C. Banasiski, Ewolucja ustawodawstwa antymonopolowego w Polsce, [in:] Ochrona konkurencji i konsumentw w Polsce i Unii Europejskiej, ed. C. Banasiski,
UOKIK 2005, p. 1720.
240
M. Jagielska, Ochrona Konsumenta w Polsce 5 lata czonkostwa. Analiza stanu prawnego, expert study for UKIE, p. 5.
241
Act of 2 March 2000, Journal of Laws of 2000 No. 22, item 27, as amended
242
Act of 13 June 2000, Journal of Laws of 2000 No. 74, item 855 as amended
243
Act of 20 June 2001, Journal of Laws of 2001 No. 100, item 1081 as amended
244
M. Jagielska, op.cit. p. 46.
245
Art. 38513854 of the Civil Code.
246
M. Jagielska, op.cit., p. 11.
239
314
315
abusive, what influenced the structure of contracts in key areas of economic activity247.
Activities of OCCP and CCCP were also of major importance here. OCCP was authorised
to check sample consumer contracts in relation to entrepreneurs operating in the following sectors: education (language schools, private higher education schools), tourism (tour
operators), insurance (insurance companies), finance (banks, brokers), or real estate (developers)248. Following court rulings, the CCCP recorded a substantial number of abusive
clauses in a dedicated register. Many of these abusive clauses referred to Ponzi schemes and
unjustified limitations and disclaimers of liability on the part of tourist agencies, developers, sellers, or providers of banking services.
Chart 1. Number of abusive clauses registered in 20052008
450
400
350
300
250
number of registered
abusive clause
200
150
100
50
0
2005
2006
2007
2008
Source: OCCP.
Statistics show that the number of abusive clauses recorded in the register declined year on year. It may be a sign that the situation is stabilising and legal transactions in Poland are becoming more civilised. However it does not preclude the
President of OCCP to decide that provisions of contracts adopted by economic operators are convergent with the already registered abusive clauses (e.g. as part of decisions
on the violation of collective consumer rights). The preventive role of this register is
particularly important: it makes it possible to eliminate certain abusive clauses at an
early stage249. Reports published by OCCP and containing studies and advice regarding
the most commonly used abusive clauses in key sectors of the economy also play a key
247
248
249
Ibid., p. 11.
Ibid., p. 12.
Ibid., p. 14.
315
316
role in the improvement of standards. OCCP has already published reports on sample
contract forms used for example by cable TV operators, alternative telecoms providers,
car dealers, insurers, private higher education schools, tourist agencies, providers of
construction services, airlines, developers, mobile operators, banks, or organisers of
mass events. The 2007 report on sample contract forms used by developers is a good
example of such measure and its effects250. In this sector, unequal treatment of the
rights and obligations of two parties of the contract was a rule of thumb for instance,
by imposing disproportionate penalties on a defaulting customer in comparison with
penalties paid by developers for non-performance of contracts. Publication of this report greatly improved this situation some developers decided to draft their contracts
in such a way as to eliminate clauses considered as abusive, and became more flexible
in negotiations with their customers251.
Thirdly, implementation of acquis brought about certain changes as regards contracts concluded in extraordinary circumstances. For instance, contracts concluded out
of premises, distance contracts, and distance financial services were regulated252. For these contracts, a number of different consumer rights were defined, e.g. the right to withdraw from the contract within 10 days (14 days for financial services), the right to claim
interest on pre-payments made, the right to claim damages in the case of fraudulent
use of the consumers payment card, or the requirement to obtain a prior consent from
the consumer to use automatic calling systems, fax, phone, videophone, or e-mail by
the entrepreneur. The above regulations were used in practice, for instance for on-line
shopping. Along with a significant increase in the number of customers of on-line stores
and Internet auctions, the number of dissatisfied customers is also increasing. The risk
of fraud or malpractice when shopping on-line is much higher compared to traditional
shopping253. Polish consumers took advantage of their rights the right to return the
product within 10 days from the date of delivery made consumers more confident and
more willing to shop on-line254.
Timesharing and tourist services were two other areas of consumer law impacted by European legislation. Timesharing was a novelty in Poland. It is the right to use
certain tourist facilities (hotel, resorts, apartment, bungalow, etc.) at a specific time. The
consumer must buy a share (or enter the system) to use the facility. In addition, conRaport z kontroli wzorcw umownych stosowanych w umowach deweloperskich, UOKIK 2007.
Negocjacje staj si coraz bardziej elastyczne, Rzeczpospolita, 5 September 2008.
252
These regulations are contained in the Act on the protection of certain consumer rights and its amending Act.
253
Liczba Polakw kupujcych w sieci przez rok wzrosa o milion, Rzeczpospolita, 14 March 2008.
254
Ciemna strona internetowego biznesu, Rzeczpospolita, 11 February 2006.
250
251
316
317
sumers must pay annual membership fees to cover the cost of facility management255.
Tourist facilities in the Mediterranean are usually rented based on this system. Although
this service is still considered a luxury, it has been gaining popularity in Poland256. Implementation of EU regulations in this area made it possible for the consumers to withdraw
from the contract within 10 days and imposed information obligations on entrepreneurs,
which greatly increased the level of consumer safety. In the area of tourist services, the
basic duties of operators in respect of their customers were precisely defined, as were
the competencies of the relevant control authorities. Consumers were granted the right
to withdraw from the contract and to obtain the refund of any payments made, with no
obligation to pay contractual penalties. Unjustified changes in service prices were also
forbidden. As a result, the number of common malpractices on the part of tourist service
providers related to last minute offers or improper performance of contracts, e.g. changing hotels or standard of accommodation, was reduced257.
To sum up, situation of Polish consumers improved considerably following the
implementation and application of the aforementioned consumer laws: consumers were
granted the right to formulate specific claims (such as the right to withdraw from the
contract). At the same time, an obligation was imposed on economic operators to respect
basic consumer rights, including the right to withdraw from the contract258.
In addition to the above,
improved consumer protection resulted also from more specific and
individual actions taken by OCCP.
With its new competencies259,
OCCP may institute administrative
action in cases of violation of collective consumer interest and impose
penalties on the entities in breach of
it. As a result, by the end of 2007 the
President of OCCP issued 52 decisions and imposed penalties for the
fig. ZBIGNIEW JUJKA. There came standars from Brussels for pork chop
total amount of over PLN 420 thowith sauerkraut
Based on: Timesharing wypoczynek wakacyjny, kluby wakacyjne, UOKIK 2004.
Rajski odpoczynek pod unijn kontrol, Rzeczpospolita, 5 January 2008.
257
Umowy last minute nie ograniczaj praw turystw, Gazeta Prawna, 26 May 2008.
258
M. Jagielska, op.cit., p. 1920.
259
Pursuant to the Act on Competition and Consumer Protection of 16 February 2007 (Journal of Laws of 2007 No. 50, item 331, as amended).
255
256
317
318
usand. In 2008 (the first year of full application of new regulations), 207 decisions were issued, imposing penalties totalling over PLN 25 mln on entrepreneurs who violated collective
consumer interest260. The key decisions in this respect included: misleading advertisements;
unfair terms and conditions of consumer loans (whereby consumers were required to return
the equivalent of the total loan amount when withdrawing from the contract); publishing
price information on price tags or promotional leaflets/brochures regarding products offered at promotional prices, giving the price from before the promotion; or using a specific
contract form by developers that made it possible to increase the final price of real estates261.
The importance of new regulations and the deterring effect of high penalties imposed on
companies acting against the interest of Polish consumers are indeed invaluable.
We should also mention the high standards of fuel quality controls adopted in Poland. Under EU law262, the system of quality of liquid fuels introduced to trading was implemented as of 1 May 2004. It became possible to eliminate and prevent the marketing
of fuels that do not meet the adopted standards. In addition, relevant regulations were introduced allowing for the imposition of penalties up to PLN 1 mln on companies involved
in the transport, storage, and marketing of such fuels. Separate regulations provided for
criminal-law liability in such cases. Numerous actions and press releases confirm that this
system proved effective and that the level of control of fuel quality was improved.
onsumer mobility: prices of roaming calls and rights of

C
airline customers
Introduction of the so-called Eurotariff for mobile roaming calls introduced in
July 2007 had a direct impact on all European consumers263. The decision to introduce
the Eurotariff was a result of excessively high prices of mobile calls paid by consumers
when travelling abroad and the specific structure of the roaming market itself264. This
price cap proved to be the most reasonable and fastest response to very high prices of
calls265. As a result, as of 30 July 2007, prices set by Polish operators for mobile voice calls
Source: UOKIK, Department of Consumer Policy 2009.
Ibid.
Directive 98/70/EC of the European Parliament and of the Council of 13 October 1998 relating to the quality of petrol and diesel fuels (Official Journal 1998 L
350, p. 58, as amended), amended by directive 2003/17/EC of the European Parliament and of the Council of 3 March 2003.
263
Regulation No 717/2007/EC of the European Parliament and of the Council of 27 June 2007 on roaming on public mobile telephone networks within the
Community (Official Journal 2007 L 171, p. 32).
264
European Electronic Communications Regulation and Markets 2005 (11th report) [SEC(2006)193].
265
J. Szczodrowski, Price Cap on Roaming: paradise found?, College of Europe (2008), p. 3536.
260
261
262
318
319
made in other Member States could not exceed PLN 2.20 per minute, and prices of calls
received could not exceed PLN 1.1 per minute. In 2008, that is a year later, these prices
were further reduced: PLN 1.81/min and PLN 0.87/min, respectively, and yet another
price cut is expected in August 2009. Beyond any doubt, reduction of roaming call prices
was a great success on the part of the EU. In the context of the increasing mobility of
Polish consumers both as tourists (given the phenomenon of low fare airlines) and as
temporary workers, this initiative had an impact on the total of mobile phone bills of an
average Polish mobile phone user266.
Polands accession to the EU was also of importance for passengers of airlines
and the protection of their rights. In 20062008, a significant increase in the number of
complaints regarding the rights of airline passengers was recorded267. The relevant EU
regulation defines common rules on compensation and assistance to passengers in the
event of denied boarding and of cancellation or long delay of flights268. Under its provisions, each passenger EU citizen, whose flight was cancelled or delayed, has the right
to i.a. meals and beverages (sufficient for the time of waiting), free access to communication facilities, as well as accommodation and transport to and from the hotel. Passengers
may also resign from the flight and receive refund for unused tickets. In addition, the
President of the Civil Aviation Office (CAO) may impose financial penalties on air carriers in cases of violation of passenger rights in connection with flights occurring after
1 April 2007, for instance for the failure to offer care and assistance, pay compensation,
or provide information on consumer rights269. In 2007, 12 administrative penalties were
imposed on airlines, compared to as many 107 in 2008270. Passengers have become more
aware of their rights and the number of complaints received by CAOs Civil Aviation
Office was increasing. In 2008, the Commission received over 1500 complaints from
passengers, of which 1107 required the initiation of administrative proceedings, up by
over 300 vs. 2007. In 2006, the Commission received 1069 complaints and started 815
administrative proceedings.
Passenger safety also improved thanks to the so-called black list of air carriers
developed by the European Commission for the first time in 2006271 and updated ever
Mniejsze rachunki z jesiennych wakacji w Europie, Gazeta Wyborcza, 30 August 2008.
Source: Civil Aviation Office Commission on Passenger Rights, 2009.
Regulation No 261/2004/EC of the European Parliament and of the Council of 11 February 2004 establishing common rules on compensation and assistance
to passengers in the event of denied boarding and of cancellation or long delay of flights (Official Journal 2004 L 46, p. 1, as amended), and repealing Regulation
(EEC) No 295/91.
269
Source: Civil Aviation Office, op.cit.
270
Ibid.
271
Commission Regulation (EC) No 474/2006 of 22 March 2006 establishing the Community list of air carriers which are subject to an operating ban within the
Community referred to in Chapter II of Regulation (EC) No 2111/2005 of the European Parliament and of the Council.
266
267
268
319
320
since. This list covers operators that do not meet the basic standards of aviation security.
As a result, they have no right to operate in the Single European Sky.
On the other hand, introduction of regulations on stricter airport security measures poses certain problems for passengers, in particular the provisions limiting the type
of objects272, that can be taken on board in hand luggage including limits on the volume of liquids (100 ml). It was necessary for security reasons and as a response to cases of
terrorist attacks.
EUs activities in this area significantly improved the situation and safety of Polish consumers. As a result of the implementation of these regulations, Polish passengers
are now able to pursue their claims against air carriers, which takes place often given
the increasing mobility of Polish consumers. The black list of air carriers undoubtedly
improved passenger safety underperforming carriers were eliminated from the market
at an early stage.
On the other hand, certain nuisances resulting from the introduction of stricter
airport security controls seem justified by the overriding objective the prevention of
terrorist attacks. We may therefore conclude that in this area the impact of membership
was positive and improved the level of protection of Polish consumers.
Awareness of Polish consumers

Proper implementation of consumer acquis communautaire combined with the
activities of the President of OCCP and the Office increased the awareness of Polish consumers. It is worth stressing that in 2005 only 54% Poles were aware of consumer protection institutions273. In 2007, this share increased considerably and reached 73%274. Social
campaigns informing Polish consumers of the existence of the Consumer Ombudsman
were of major importance (TV campaign You can targeted at consumers who decide
not to pursue their claims in disputes with service providers). Educational campaigns were
also carried out including campaigns targeted at children and teenagers My consumer
ABC or at 60+ seniors Be aware as consumer. These activities were often co-financed
from EU funds, and had a major impact by increasing the awareness of Polish customers.
Commission Regulation (EC) No 1546/2006 of 4 October 2006 amending Regulation (EC) No 622/2003 laying down measures for the implementation of the
common basic standards on aviation security.
273
I.e. UOKiK and Consumer Ombudsmen.
274
Suevey by GfK Polonia for UOKiK (2007).
272
320
321
Chart 2. Consumer awareness in Poland, 20052007

90%
80%
70%
60%
2005
50%
2007
40%
30%
20%
10%
0%
careful reading
of contracts
awareness of the right

to demand product
replacement
Source: UOKIK (2008).
In addition, surveys have shown that in the period 20032005 three quarters of
consumers 2005 filed no complains at all, but according to 2007 surveys, complaints had
been filed by 17% consumers in the preceding 12 months275. Many social campaigns contributed to the increased awareness of consumer rights. It would not be possible without
the involvement of OCCP, its numerous decisions regarding the infringement of collective consumer rights, and the increasing number of court rulings in favour of consumers.
The focus of competition and consumer protection in the media had an effect on Polish
consumers, who have become more careful and active.
he role of international co-operation:

T
Consumer Protection Cooperation, RAPEX,
and European Consumer Centre
EU membership encouraged Polish consumer protection institutions to start
co-operation with their counterparts from other Member States. Cooperation of this
type was based also on participation of the OCCP in Consumer Protection Cooperation
(CPC)276. In the context of this cooperation, it was possible, for example, to carry through
Source: UOKIK, Department of International Relations and Communication (2009).
Pursuant to Regulation No 2006/2004/EC of the European Parliament and of the Council on cooperation between national authorities responsible for the
enforcement of consumer protection laws.
275
276
321
322
an inquiry according to the instruction of an administration of a third state, with the

objective of collecting data on the infringement of the intra-community law, to inquire
about acts of infringement and to take up action against them. Cooperation under CPC
also took the form of joint initiatives for the improved enforcement of consumer law based on the analysis of websites of companies offering their products and services to consumers (the so-called sweep). As a result of a sweep of airline tickets sales that took place
in September 2007, over 50% irregularities were identified and subsequently eliminated.
In 2008, a similar sweep covered mobile operators277.
Participation of OCCP in the rapid exchange of information on dangers arising
from the use of consumer products (RAPEX) was another, equally important element of
consumer safety in Poland278. The core objective of direct effect of this system is to ensure
rapid exchange of information among Member States and the European Commission on
dangerous products and measures taken in a given Member State to prevent or limit the
scope of their introduction to market, as well as their use by consumers. As a participant
of RAPEX, OCCP could inform other Member States of products posing a threat to consumers health or life. In addition, the European Commission notified the Office on an
on-going basis of any dangerous products identified in other Member States, which made
it possible to trace these products and take the necessary actions279. The Commissions
reports indicate that in the period 20042008, the total number of notifications regarding
dangerous products tripled at the Community level280.
On the other hand, participation in RAPEX brought measurable benefits recalls
of dangerous products from the market. Interventions were usually carried out in the
case of dangerous childrens toys (47 cases in 2007). In the same year, 50% more dangerous products were removed from the European market vs. the previous year, and their
number was still on the increase281. Actions taken by manufacturers were also important.
When they considered a given product dangerous to consumer safety, they would inform OCCP about it, and OCCP was able to pass this information on to other Member
States. Examples of such cases include a market recall of a child cardigan posing a threat
to life, or an armchair bed sold by one of the top distributor of furniture that could cause
injuries to its users282.
Source: UOKIK, Department of International Relations and Communication (2009).
The legal basis of this system is directive 2001/95/EC of the European Parliament and of the Council of 3 December 2001 on general product safety (Official
Journal 2002 L 11, p. 4).
279
Source: UOKIK, op.cit.
280
UOKIK: Informacje o 53 niebezpiecznych produktach w Rapex, Puls Biznesu, 8 May 2008.
281
Ibid.
282
Firmy rzadko informuj o wadach swojego produktu, Rzeczpospolita, 7 August 2006.
277
278
322
323
In addition, the European Consumer Centre (ECC) was established in 2005 under the agreement between OCCP and the European Commission. The main task of
this Centre is to disseminate knowledge on the common European market and provide
assistance in out-of-court resolution of cross-border disputes between entrepreneurs and
consumers. ECC also provided access to information and disseminated consumer-related
publications. It combined national projects (information and advice) with Community
projects (cross-border issues and advice regarding other Member States)283. Its website
www.konsument.gov.pl was a source of information on the basic rights of consumers. It
was also a forum for contacts with experts offering advice in solving cross-border problems. Implementation of all these projects was much easier thanks to the participation of
ECC in the European Consumer Centres Network (ECC-Net), facilitating contacts and
exchange of information between the relevant institutions in Member States.
Protection of public health

In addition to consumer protection, public health is another area supported and
coordinated by the European Union where the latter facilitates actions taken by Member
States. Just like consumers, beneficiaries of health protection systems are a vulnerable
social group that requires special protection. Although provisions of the Treaty make it
possible for the EU to take action in this area and form a basis for the implementation
of healthcare policy and for more pressures on the policies of Member States, it must be
underscored that EU Member States remain fully autonomous in terms of the organisation and delivery of health services and medical care284. Therefore, certain rules were
developed to make it possible for EU citizens to use healthcare services within the Community, given the liberty of free movement of persons, without affecting the internal
organisation of national systems285.
The impact of Polands membership in the EU on the Polish healthcare system
and patients is various. On the one hand, the internal market made it easier for Polish
citizens to move within the Community and gave them a number of additional rights.
On the other, structural funds were used to upgrade and modernise healthcare faciliSource: European Consumer Centre, www.konsument.govp.pl (2009).
Art. 152 5 of the EC Treaty.
285
The relevant regulations were adopted as early as in the 1970s: regulation of the Council (EEC) No 1408/71 on the application of social security schemes to
employed persons and their families moving within the Community, and regulation No 74/72; subsequently amended and consolidated.
283
284
323
324
ties in Poland. In addition, EU membership influenced many other areas, e.g. leading
to an increase in epidemiological safety, improving the situation in the market of pharmaceutical products (parallel trade), as well as working time situation of healthcare
personnel.
Since May 2004, Polish citizens travelling within the Community for business
or private purposes have been covered by the system of coordination of social security systems. Additional entitlements were granted to the insured persons working in
another Member State of the European Union/European Economic Area (EEA), who
gained access to full-scale medical care. The same applies to frontier workers, i.e. persons
crossing the border on their way to work. Special attention must be drawn to healthcare
protection systems for the unemployed (and their family members), persons looking
for a job in other Member States, as well as retirees and disability pensioners staying
temporarily, for a longer term, or permanently in another Member State. Under the above regulations, the coordination system covers also persons staying in another Member
State only for a short period of time, e.g. tourists. Although Poland had signed bilateral
agreements with certain EU Member States already before the accession, as of May 2004
Polish citizens have been granted the right (under the national health insurance system)
to use such basic medical services as may be found necessary during their stay in another
Member State (EEA). To confirm their rights and facilitate the operation of this system,
the European Health Insurance Card was introduced (formerly Form E111). This single
European card made it much easier to identify patients and provide medical services. In
Poland, every insured person travelling abroad within the Community could apply for
the European Health Insurance Card at the relevant Regional Branch or Office of the
National Health Fund (Narodowy Fundusz Zdrowia). The Card was granted to persons
travelling to another Member State (EEA) as tourists, to visit family or friends, for business purposes, or to pursue studies. It was also issued to employees delegated by Polish
employers to work abroad. Since the accession, 5 mln Poles have used this right (cf. Table 2). It is indeed difficult to overestimate the sense of security and certainty286 resulting
from these regulations. The possibility to use the basic medical services during a short
stay abroad encouraged Poles to travel and allowed them to reduce their travelling budget. Before Polands accession to the EU, Polish citizens had to buy additional insurance
to make sure that the scope of medical services would be similar to those offered to EU
citizens.
286
324
A. Kozierkiewicz, Rynek wewntrzny a ochrona zdrowia, expert study for UKIE, 2008, p. 6.
325
Table 2. Number of European Health Insurance Cards/E111 forms issued to Polish citizens
Period of issue
E 111
EHIC
Certificate temporary
replacing EHIC
TOTAL
May-December 2004
583 289
583 289
2005
806 000
75 979
753
882 732
2006
9 074
1 145 866
28 230
1 183 170
2007
804
1 103 882
20 682
1 125 368
2008
390
1 231 108
20 974
1 252 472
TOTAL
1 399 557
3 556 835
70 639
5 027 031
Source: National Health Fund, December 2008.
Yet another category of patients who benefited from Polands membership in

the EU is patients who could not receive treatment in Poland in due time for instance, if there were no medical care units specialising in the treatment of certain diseases.
Those patients were granted the right to apply for an authorisation to receive treatment
in another Member State (EEA) at the expense of the Polish insurance institution. This
application could not be turned down in cases when a given treatment was not available
in Poland in due time considering the patients condition287. In 2004, only 5 permits were
issued for this kind of treatment, but in 2008 as many as 105 patients took advantage of
this option, and permits issued by the National Health Fund were related to specialist
treatments mostly trauma and orthopaedic surgery for children288. There were also cases of cancer patients requiring surgery based on specialised knowledge and equipment
not available in Poland289.
Despite many concerns290, the financial burden shouldered by the Polish healthcare system proved insignificant on balance. Costs of treatment of Polish citizens in
other Member States (EEA) and of EU citizens receiving treatment in Poland turned out
to be only a very small portion of the total healthcare expenditure in Poland. In the first
case, the share of these costs was between 0.3% and 0.4% of the annual healthcare spending in Poland, and between 0.4% and 0.5% in the latter case291. The scale of medical
tourism was smaller than expected. In cases when medical tourism did occur, foreign
Ibid., p. 5.
Source: National Health Fund, Department of International Affairs (2009).
Pacjent nie bdzie musia mie zgody NFZ na zabieg za granic, Gazeta Prawna, 15 July 2008.
290
Polki rodz u Niemcw; Niemcy chc pienidzy od polskiego NFZ, Gazeta Wyborcza, 9 September 2007.
291
Source: Stosunek rodkw wydatkowanych w ramach przepisw o koordynacji na leczenie osb ubezpieczonych i uprawnionych do caoci rodkw wydatkowanych
przez Narodowy Fundusz Zdrowia wedug danych zawartych w sprawozdaniach z wykonania planu finansowego, National Health Fund, Department of International
Affairs (2008).
287
288
289
325
326
patients paid for treatment received at Polish healthcare institutions usually dental
care and one-day surgery292. It is worth stressing that cross-border medical services were
settled without any problems in practice, both in terms of treatments provided to EU
citizens in Poland, as well as refunds and transfers for medical services provided to Polish
citizens in other Member States both based on the European Health Insurance Card
and E112 form293.
It might be expected that with the increased mobility and improved legislation
regarding the rights of patients, awareness of patients rights in Poland should increase
after the accession. The facts are however different and the awareness level is still low: in
2001, under one fifth of adult Poles declared that theyd heard about patients rights and
were familiar with them. The majority of respondents claimed that they had heard of
patients rights, but not in detail294. In 2008, 50% of Poles were aware of patients rights,
but only 19% of respondents had more specific knowledge on any of these rights295.
he role of EU funds in the modernisation of the Polish

T
healthcare system
As part of the EU convergence policy, Poland as a whole and individual regions
received funds to be used to reach standards in healthcare equal to the EU average. UE
funds were available to Poland already in the pre-accession period, and after the accession the pool further increased296. In the period 20042008, upgrade of the Polish healthcare system was carried out under the following programmes: INTERREG, SOP Human
Resource Development, SOP Improvement of the Competitiveness of Enterprises, and
Integrated Regional Operational Programme (IROP). The total value of projects financed
under these instruments reached nearly EUR 700 mln, of which over EUR 466mln was
co-financed by the EU. We must not forget the additional funds available under the EEA
Financial Mechanism and the Norwegian Financial Mechanism, as well as the Swiss-Polish Cooperation Programme. IROP was the largest programme involving the transfer of
funds for the upgrade of the Polish healthcare system297.
Turystyka zdrowotna kwitnie, Dziennik Polski, 19 June 2007.
Czy niemieckie kasy chorych prbuj nacign NFZ?, Dziennik Zachodni, 9 October 2006.
294
Wiedza o prawach pacjenta. Komunikat z bada centrum badania opinii spoecznej, CBOS, 06.2001.
295
SMG KRC, study for Instytut Praw Pacjenta i Edukacji Zdrowotnej (the Institute for Patients Rights and Health Education), 0203.2008.
296
A. Kozierkiewicz, op.cit., p. 10.
297
Source: Ministry of Regional Development, Department of Coordination and Implementation of Regional Programmes (2009).
292
293
326
327
In 20072013, the financing of the development of healthcare in Poland was

based primarily on two programmes, i.e. Regional Operational Programmes (ROP) and
Operational Programme (OP) Infrastructure and Environment. Under the first of these
instruments, the total of over EUR 597 mln was assigned to the support of healthcare
infrastructure in different regions of Poland. In addition, nearly EUR 350 mln was earmarked for the improvement of the quality of medical services under OP Infrastructure
and Environment298. These amounts were allocated to healthcare purposes in general,
and their specific application was usually determined at a local level, i.e. in such a way as
to use these funds in the implementation of most urgent and necessary projects in a given
region or local community.
Financing of the Polish healthcare under IROP

In 20042006, IROP funds were used mainly to strengthen the regional and local
healthcare infrastructure in individual regions. Poland was characterised by significant
disparities between different regions in terms of healthcare infrastructure development.
In regions with underdeveloped healthcare infrastructure, the access to highly specialised checks and treatment was to a considerable extent limited299. The most important actions with the objective of strengthening the regional and local infrastructure in
20042008 included, among others, reconstruction and upgrade of healthcare facilities:
reconstruction and provision of equipment for operating theatres and treatment rooms,
or adaptation of facilities to the needs of patients, especially people with disabilities. EU
funds were also used to support the modernisation, purchase of new medical equipment,
construction, and furnishing of Emergency Response Centres responsible for taking calls
using emergency numbers 999, 998, and 112. Financing the purchase of ambulances
and medical equipment, (resuscitation, accidents, neonatal) as well as modernisation of
aircraft, including helicopters used by medical rescue services was of key importance
for the safety of patients and the response time. Financial assistance was also used in
projects for the purchase of diagnostic and therapeutic medical equipment, especially for
the diagnosis and treatment of cardiovascular diseases and cancers, including mammography, CT and ultrasound testing equipment, as well as medical rescue equipment300.
298
299
300
Ibid.
A. Kozierkiewicz, op.cit., p. 13.
Source: Ministry of Regional Development, op.cit.
327
328
As a result, 521 healthcare centres received financial assistance under IROP at the
local and regional level, and 4637 pieces of medical equipment were purchased. Projects
involving the purchase of medical equipment were very popular among beneficiaries,
and their number was much higher than initially expected301. It is worth stressing that
funds granted under IROP were used to implement infrastructural investments which
were often absolutely necessary to save human lives. Without the EU support, some of
these projects would have never been implemented302.
egional Operational Programmes and OP Infrastructure

R
and Environment
The vast majority of funds assigned under the financial perspective 20072013 to
the Polish healthcare sector were distributed through Regional Operational Programmes and OP Infrastructure and Environment. Regional Operational Programmes are
managed by regional authorities and were used to transfer funds for local and regional
investments where they were needed most. Local programmes provided assistance to
healthcare centres other than managed by public universities and the Ministry of Health. In particular, these funds were spent on projects such as healthcare infrastructure or
improvement of social security and health protection of local communities. In practice,
the 2009 estimates indicated that funds earmarked for 20072013 made it possible to
purchase 600 ambulances, reconstruct 100 health centres, and train 24 thousands of nurses and midwives303.
OP Infrastructure and Environment provided financial assistance i.a. to medical
rescue projects, as well as purchase and upgrade of specialised medical transport equipment. These funds were also used to construct, refurbish, and buy additional equipment
for the Air Rescue Service bases, as well as to purchase and upgrade helicopters, deployed
in close vicinity of hospital emergency wards. In addition, funds were spent on projects
involving the reconstruction, extension, upgrade, and purchase of additional equipment
of certain healthcare centres, such as the existing and planned hospital emergency wards
and trauma centres. The purchase of medical products necessary for the diagnosis and
treatment of patients in emergency situations was also co-financed under OP IE.
301
302
303
328
As at 30 June 2008.
Miliony euro zmieniaj lsk, Gazeta Wyborcza Katowice, 01 May 2007.
Source: Euro na zdrowie, joint conference of the Ministry of Regional Development and Ministry of Health, January 2009.
329
Chart 3. Funds assigned under ROPs to support healthcare (in PLN mln, at the exchange rate of
30 December 2008) by Region
300
250
mln PLN
200
150
100
50
ie
ie
sk
sk
ni
op
om
or
ol
op
lk
ie
od
ch
osk
w
za
az
ur
sk
sk
zy
kr
i
ie
ie
ie
sk
to
i
w
m
ar
w
ie
sk
or
e
po
as
dl
ck
po
pa
ar
ki
ie
ie
sk
ol
dk
po
ck
ie
ow
az
op
sk
ie
ie
e
ki
ol
op
ie
sk
dz
m
ie
lsk
bu
lu
po
o-
ku
ja
sk
be
or
m
o
ln
do
lu
sk
sk
ie
ie
Source: Ministry of Regional Development
In addition, OP IE funds were earmarked for the construction and purchase of

equipment of Regional Emergency Response Centres so that they can efficiently handle
emergency line (112) calls and direct them to the relevant Police unit, fire department,
and emergency ambulance services, in line with the requirements defined in the relevant legal regulations. State-of-the-art technologies financed by the EU were used to
identify the caller and dispatch the nearest unit of the relevant services304.
Polish hospitals, health resorts and sanatoria, private health centres and outpatient clinics (with up to 10 employees) could apply for the financing of up to 70% of
the project value. In the implementation period 20072009, these funds undoubtedly
contributed to the modernisation of Polish healthcare centres and their upgrade to high
technical and sanitary standards305. Impressive quantities of medical devices and equipment purchased in Poland using EU funds, and the fact that the number of co-financed
projects was higher than initially assumed, prove that these funds were much needed
and played a major role in the process of modernisation of the Polish healthcare sector.
304
305
Dzwo na 112. Znajd ci, Gazeta Wyborcza, 04 June 2008.

Unia wspiera polskie szpitale, Gazeta Prawna, 8 April 2008.
329
330
olands participation in EUs epidemiological surveillance

P
network
Since its accession to the EU, Poland has been covered by the European epidemiological surveillance network established back in 1999306, in practice based on the early warning and response system (EWRS)307. According to the Commissions assumptions,
EWRS308 is reserved only for incidents of significance for the Community. The main task
of the system and network was to provide on-going monitoring and immediate identification of potential epidemiological threats. The network helped the EU coordinate the
launch of rapid response mechanisms. The network consists of public healthcare institutions responsible for the monitoring and emergency response in Member States. In the
case of new Member States, including Poland, the system generated several warnings in
2004, of which three were connected with sudden cases of acute diarrhoea, and others
were related to isolated cases of Dengue virus, Legionella, Shingella, as well as West Nile
virus. Out of 10 warnings recorded in 2005, eight were assigned activation level 1, and
two were connected with notification on the planned actions to be taken in response
to specific events. Events connected with sudden cases of bird flu, acute diarrhoea, and
Salmonella infections were recorded twice, and isolated cases were connected with tickborne encephalitis, malaria, food poisoning, and cholera. In 2005, after bird flu casus
were detected in Europe, the European Commission immediately notified Member States accordingly. As a result of this immediate exchange of information based on messages
and telephone conferences, actions were taken to prepare the EU for the potential pandemic. Member States were regularly informed of any national-level activities through
EWRS, and a common response was agreed on at the community level309. Whenever any
bird flu case was suspected in Poland, samples were sent immediately to the Community
reference laboratory for analysis, to determine whether they contained the H5N1 virus
which is dangerous for humans310. If any such threat is identified, actions coordinated at
the European level are taken. Although in the period of the first five years of Polands
Decision No 2119/98/EC of the European Parliament and of the Council of 24 September 1998 setting up a network for the epidemiological surveillance and
control of communicable diseases in the Community (Official Journal 1998 L 268, p. 1, as amended).
307
Ibid.
308
Decision 2000/57/EC of the European Parliament and of the Council of 22 December 1999 on the early warning and response system for the prevention and
control of communicable diseases (Official Journal 2000 L 21, p. 32, as amended).
309
Report from the Commission to the Council and the European Parliament on the operation of the Early Warning and Response Systems (EWRS) of the Community Network for the epidemiological surveillance and control of communicable diseases during years 2004 and 2005 (Decision 2000/57/EC), KOM(2007) 121.
310
Wirus ptasiej grypy ju w Polsce, Gazeta Wyborcza, 06 March 2006.
306
330
331
membership in the EU no events occurred that would require the full-scale application
of all features of the EWRS, preventive measures implemented under this system increased the level of epidemiological safety in Poland and shortened the time of response of
relevant services.
Working time and healthcare personnel remuneration

As a result of the implementation of EU working time regulations and judicial
decisions of the Court of Justice of the European Communities311, situation of Polish healthcare personnel changed. The time spent on-call is now considered normal working
time and included in the maximum weekly working time defined in the directive312.
Despite certain concerns, Polish healthcare institutions adjusted their practices to these
new regulations and working time became more regulated313, and a higher level of safety
was guaranteed to employees given the minimum daily rest period of 11 consecutive
hours per 24-hour period. In addition, the 20042006 upward trend in the average level
of remuneration of healthcare personnel continued. The period saw a 30% increase314,
and more significant rises in salaries of doctors are to be expected in the nearest future315.
After a period of uncertainty as to the regulation of working time of healthcare Staff, the
situation has now become more stable. It is difficult to provide an objective assessment
of the actual impact of EU legislation on the situation of healthcare personnel in Poland
vs. the previous legal framework, but the rise in salaries and additional protection in
the form of uninterrupted daily rest (which was not regulated before) indicates that EU
membership was to the benefit of healthcare personnel.
Pharmaceuticals market: parallel trade

EU membership influenced also the Polish market of pharmaceutical products.
With the parallel trade, resulting from the development of internal market, it is now
Cases C-303/98 Simap and C-151/02 Jaeger.
Directive No 2003/88/EC of the European Parliament and of the Council of 4 November 2003 concerning certain aspects of the organisation of working time
(Official Journal 2003 L 299, p. 9).
313
W szpitalach niepewno, Rzeczpospolita, 27 December 2007.
314
A. Ruzik, Wynagrodzenia w ochronie zdrowia, Stan finansw ochrony zdrowia, Zeszyty BRE Bank CASE 2008, no. 97, p. 15.
315
Lekarze zarabiaj nawet 30 tysicy, Dziennik, 12 August 2008.
311
312
331
332
possible to buy the same medicines at lower prices. Parallel trade is the import of pharmaceutical products from countries where they are priced lower to countries where
their prices are higher, without any additional charges or formalities. The registration
procedure regulated at the EU level and simplified rules of re-packing were the basis for
the development of parallel trade also in Poland. In 2008, pharmaceuticals coming from
parallel trade were included in the reimbursed drugs list for the first time ever. In four
cases, prices of these products were lower, and in three other cases parallel trade brought
some savings to the National Health Fund316. In addition to reimbursed drugs, parallel
trade contributed to the reduction of prices of generally available products such as aspirin, which was imported from Greece and its price was cut by nearly 50%317.
In this context, we should also note the impact of EU membership on the rules
of trade in pharmaceuticals: safety and quality of medicinal products improved after the
application of EU laws318. It is also possible to recall from the market any counterfeit
products posing a threat to consumer safety319.
Conclusions
In the area of consumer protection, the key role of acquis communautaire must
be stressed, taking the form of numerous directives implemented in Poland, institutional
changes, and activities of Polish consumer protection institutions. The list of rights of
Polish consumers grew longer, resulting in the improvement of consumer protection
in many areas of the economy. Activities of the President of OCCP and the Office itself
were also invaluable. In particular, actions for the protection of the collective interest
of Polish consumers, sector-specific reports, monitoring of product quality (including
fuels), as well as promotion of customer awareness, were of particular importance. They
translated into an increased awareness of Polish consumers and their activities for the
protection of their rights.
Cooperation between consumer protection institutions in different Member States was also important. With the RAPEX system it is now possible to identify and eliWicej medykamentw na licie lekw refundowanych, Polska The Times, 17 June 2008.
Ibid.
Directive 2001/83/EC of the European Parliament and of the Council of 6 November 2001 on the Community code relating to medicinal products for human use
(Official Journal 2001 L 311 p. 67.), Commission Directive 2003/94/EC of 8 October 2003 laying down the principles and guidelines of good manufacturing practice
in respect of medicinal products for human use and investigational medicinal products for human use (O 2003 L 262 p. 22).
319
Council Regulation (EC) No 1383/2003 of 22 July 2003 concerning customs action against goods suspected of infringing certain intellectual property rights and
the measures to be taken against goods found to have infringed such rights (Official Journal 2003 L 196 p. 7).
316
317
318
332
333
minate products that pose a threat to our life and health in the European market. In
addition, given the increased mobility of Polish citizens after the accession, EU activities
in the area of protection of passenger rights and reduction of mobile roaming prices had
positive effects.
In the area of public health, the first five years of Polands membership in the
EU brought about a number of changes improving the quality and safety of healthcare
products and services, extending the scope of rights of Poles as their beneficiaries. At the
same time Poland kept most of its competencies and the responsibility for the overall
organisation of its healthcare system, e.g. as regards definition of national healthcare
priorities320. First of all, as of the accession date, Poland has participated in the system of
coordination of social security systems. As a result, Poles now enjoy health protection
coverage on an unprecedented scale the right to receive free medical services in other
Member States under their national health insurance. This right covers both tourists and
workers travelling to other Member States. In addition, the right to receive treatment
difficult to obtain in Poland was a chance for many Polish citizens to save their life and
health. Obviously, coordination of healthcare systems meant additional costs on the part
of Poland, but they turned out to be low when compared to the total healthcare spending. Polands participation in the epidemiological response network (early warning and
response system EWRS) was also important it ensures immediate identification of
epidemiological risks and coordinated action in response to these risks.
In addition to the above direct benefits for Polish patients, injections of EU funds
into the Polish healthcare system in the past five years were crucial. These funds were used
to upgrade and modernise this system, including purchases of equipment for a number
of healthcare facilities, construction of medical rescue centres, or training for healthcare
personnel. EU funds did not solve all problems faced by the Polish healthcare system, but
definitely reduced their number and scope. Financial assistance from the EU budget made
it possible to upgrade and modernise this sector, and purchase the necessary equipment321.
Although the overall responsibility for public health still resides with Polish authorities,
the impact of EU membership was extensive and positive in most cases.
In view of the above, we may conclude that the European Union membership
had a positive effect on the situation of Polish consumers and Polish healthcare system.
As for consumer protection, although the number of applicable regulations increased
320
321
A. Kozierkiewicz, op.cit, p. 4.
Ibid.
333
334
considerably, it had an overall positive effect on the level of protection: these regulations
were introduced in areas where consumers had not been covered by any protection system before. As a result, activities of consumer protection institutions and courts became
more intensive, and consumer awareness improved. It may be expected that practices in
this area will become even more civilised: when faced with a large number of consumer protection measures, enterprises (in particular large companies) will be less inclined
to take fraudulent and abusive actions, and to take advantage of the weaker position of
consumers. On the other hand, better informed and more aware consumers are likely to
exercise their rights on their own.
In the area of public health, coordination of social security systems was particularly beneficial for Polish patients. Despite certain administrative burdens, this system
seemed to work effectively, increasing the scope of healthcare coverage for Polish patients. EU funds brought about an opportunity to invest in Polish healthcare systems.
This trend should be maintained and we should expect that the balance of expenditures
under the financial perspective 20072013 will be as good as in 20042006.
334
335
S ocial perception of the Polish membership

of the EU
The accession of Poland to the European Union (EU) should be regarded not only
as a political and economic, but also as a social event. At that time, over 38 million Polish
citizens acquired formal European citizenship and thus a new wider point of reference
for their own identity.
Social processes and changes are complex and multi-faceted. To measure them,
apart from objective socioeconomic indicators, opinion polls are used, which provide
the subjective assessment of a phenomenon (object, its features) and views on specific
topics of the surveyed population. It is important to note, however, that the opinions
and views expressed by citizens in dozens of surveys are not static, but rather form
a continuous process. They reflect the rate of change in moods, evaluations and social
expectations, as well as sensitivity to the economic and political environment. The
latest results of public opinion research indicate that the global financial crisis has
had a significant impact on many of the analysed variables, some of which recorded
unprecedented values.
The wide timeframe seems necessary to understand the specific nature of changes, which is why Poles attitude trends towards the European Union were monitored
by many research agencies from as early as the mid 1990s322. The attempts to combine
those results into a meaningful summary were obstructed by methodological discrepancies observed among individual surveys. While some of the surveys have and are being
performed regularly, allowing to compare and outline a trend, others were not repeated
at regular intervals.
The support for the EU membership is measured e.g. by CBOS, Ipsos, TNS OBOP, PBS DGA, Millward Brown SMG/KRC, GfK Polonia, Pentor, ARC Rynek
i Opinia. Some of the surveys were commissioned by the Department of Analyses and Strategies of the Office of the Committee for European Integration as part of
an Omnibus (a monthly monitoring of attitudes based on direct interviews) and in-depth qualitative research, others were carried out independently by the said
agencies. The results of public opinion polls from 2003 onwards are available at www.ukie.gov.pl.
322
335
336
The studies outlined below seek to assess the social perception of Polish membership of the European Union. Their aim is to pinpoint dominant trends, as well as
variables which determine support for or reluctance towards the EU. It is assumed that
the distribution of responses in favour of the accession to the EU varied among individual social groups. The analyses were also aimed at capturing the dynamic of benefits and
costs resulting from the accession as perceived by respondents.
S upport for the EU against the background of other

member states
It is widely believed that Poland is one of several EU states where the highest
enthusiasm towards the membership can be noted. Undoubtedly, between the years
2005 and 2009, the average share of Poles believing that Polish membership of the EU
is something good exceeded the average for the entire EU. However, this difference
became considerable (10 percentage points) only in the third year of membership, while
during the two years following the accession it fluctuated somewhere near or above the
EU average and often within the allowed range for statistical error. The aim of this study
is not to explain the possible reasons for discrepancies, as this is a topic for a separate
discussion. There are possibly as many factors that may influence changes in attitudes
towards the European Union as there are EU member states. Some of them are internal
and country-specific (related to the situation in the country, e.g. support for the government, economic development indexes), others result from reasons
independent of the countrys internal processes (e.g. situation in
global markets).
No universal pattern of
adapting to the social change, i.e.
accession to the EU, has been observed. Surely, there have been
some similarities between the
member states, however, the notion of new member states shofig. TADEUSZ KROTOS. Whats wrong with you? Everybody wants to be in EU
336
337
uld be regarded rather as a category covering the majority of states of the former Central and Eastern block, which acceeded to the EU on 1 May 2004. Each of the analysed
states is characterised by different socio-cultural properties which affect its capability
to adapt to the changing times as well as the perception of these changes as viewed by
its citizens. The assessment of distribution of responses to the regularly asked question
regarding the support for the states membership of the EU confirms that differences
exist. Their fluctuations are illustrated by in diagram 1.
Chart 1. Support for the states membership of the EU among Poles, citizens of the new member
states and EU citizens in general
Generally speaking, do you think that your countrys membership of the European Union is...?
80
70
60
50
40
30
20
10
0
2004
spring
EB 61
2004
autumn
EB 62
2005
spring
EB 63
PL a good thing
2005
autumn
EB 64
2006
spring
EB 65
2006
autumn
EB 66
2007
spring
EB 67
NMS a good thing
2007
autumn
EB 68
2008
spring
EB 69
2008
autumn
EB 70
EU a good thing
Source: Standard Eurobarometer 6170 (spring 2004autumn 2008)323.
The chart above shows that the average for EU-10 countries displays a trend
similar to the average recorded by the EU-27 countries, with values only slightly lower
(by no more than 6 percentage points). Against this background, the support expressed
by the citizens of Poland stands out especially when it is rising while the two other average values are dropping (period between autumn 2004 and autumn 2005).
A more in-depth analysis shows that a high level of support for the EU in Poland
resulted rather from its systematic and gradual increase, and which in turn resulted from
In the Standard Eurobarometer 61, the average for the EU 15, NMS average for 10 candidate countries in the Eurobarometer survey 62-66; average for EU 25;
in Eurobarometer 6770 average for EU 27, NMS 12.
323
337
338
increasing awareness related to the benefits gained. There has been no turning point in
Poland which would mark the increase or drop in support, and neither has there been
a deviation exceeding 8 percentage points per six months. When compared with countries such as Estonia, Lithuania, Cyprus or Hungary, where the differences between
consecutive surveys amounted to 12, 17 or even 21 percentage points, Poland recorded
a rather stable (but rising) trend as regards the support for the EU, not affected by serious
fluctuations324. The analysis of the Eurobarometer surveys performed between 2004 and
2008 confirms the above.
A moderate enthusiasm of Poles was visible shortly after the accession. According to opinion polls325, in 9 out of 10 new member states, an abrupt increase in support
for the European Union was recorded, e.g. in Slovakia (by 11 percentage points), Slovenia (by 12 percentage points), Lithuania (by 17 percentage points) and Estonia (by 21
percentage points). Also in Poland, the support for the states membership of the EU
had been growing, although in less spectacular terms (by 8 percentage points). What is
important, although the average rate of yes response to the statement membership of
the EU is a good thing as answered by the new member states amounted to 51% , the
average for all 25 member states at that time increased by as much as by 8 percentage points, totalling 56%326. Both these and later results show that the EU enlargement caused
the increase in support also in the old member states.
The survey performed a year after the accession revealed that the initial euphoria
was on the wane. While in the most of new states the support for the EU dropped (by
as much as 10 percentage points in Lithuania), the Poles support was slightly growing
(increase by 3 percentage points)327. Further research confirmed that tendency. The
Eurobarometer survey performed in autumn 2005 recorded further drops in support,
by 4 percentage points in the entire EU, in EU-12 by 3 percentage points328. In the
same period, when in 8 out of the 10 new EU states the support for membership of
the EU was dropping (e.g. by 7 percentage points in Estonia), the percentage of Poles
supporting Polands membership of the EU increased by 1 percentage point329. This
moderate increase was recorded again in the next survey (by 2 percentage points),
at a time when the entire EU was carried by a wave of enthusiasm the average for
The average change amounted to 3.9%, the highest was 8% (own calculations based on the Eurobarometers).
Standard Eurobarometer 62, full report, fieldwork: OctoberNovember 2004, publication: May 2005, p. 69.
326
Standard Eurobarometer 62..., op.cit.
327
Standard Eurobarometer 63, full report, fieldwork: MayJune 2005, publication: September 2005, p. 96.
328
Standard Eurobarometer 64, full report, fieldwork: OctoberNovember 2005, publication: June 2006, p. 53.
329
Standard Eurobarometer 64..., op.cit., p. 53.
324
325
338
339
EU-25 totalled 55% (increase by 5 percentage points), for EU-10 50% (increase by 5
percentage points), and in individual countries, such as Estonia, Hungary and Slovenia
even by 1011 points330!
A further Eurobarometer survey in autumn of 2006 showed a 2 point increase
in support for the EU among the new member states and a two-point drop in support
among the citizens of all 25 states331. As a result, the average values were almost the same.
From that moment on, the distinct advantage in favour of the number of Poles supporting their states membership of the EU has been clearly visible. Similar results were also
recorded in Lithuania and Slovakia, while Hungary saw a ten-point drop in support332.
The next Eurobarometer survey was performed in spring 2007, after the enlargement with Bulgaria and Romania. The average percentage rate of supporters of their
states membership of the EU totalled 57% (58% at the next survey), which was the
highest value since 1994333! As mentioned earlier, this was affected not only by average
values among the new member states, but also (or even most of all) among the citizens of
Germany, Denmark, the Netherlands, Portugal and the UK. However, a survey carried
out a year later (spring 2008) disclosed a major drop in support for the EU 6 percentage points among all states (similarly as in Poland)334. The next Eurobarometer survey
performed at the turn of November 2008 coincided with the financial crisis and thus
showed a deterioration of the social mood. This is also noted in responses to the question
whether the states membership of the European Union is a good or a bad thing. Despite
the fact that the average remained at a similar level (or even increased by 1 percentage
point), many states, including the new ones (Cyprus, Malta), responded with a drop
in support for the European Union by a dozen or so points. In Poland it remained unchanged. In Hungary and Latvia, slight drops were recorded, but due to the systematic
decrease in support in those countries, it is alarmingly low at the moment (31% in Hungary and 27% in Latvia) when compared to increasing drop in support ( 21% and 21%
respectively)335.
All quoted results prove that there have been different responses to the social change which was caused by the accession to the EU. The moderate strategy of the Polish
society gives a chance for a balanced response also in the time of a global crisis. Reasonable
Standard Eurobarometer 65, full report, fieldwork: MarchMay 2006, publication: January 2007, p. 76.
Standard Eurobarometer 66, full report, fieldwork: SeptemberOctober 2006, publication: September 2007, p. 119.
332
Standard Eurobarometer 66..., op.cit., p. 119.
333
Standard Eurobarometer 67, full report, fieldwork: AprilMay 2007, publication: November 2007, p. 95.
334
Standard Eurobarometer 69, full report, fieldwork: MarchMay 2008, publication: November 2008, annexes.
335
Standard Eurobarometer 70, first results, fieldwork: OctoberNovember 2008, publication: December 2008, annexes.
330
331
339
340
and well-established support for Polish membership of the EU is best proven by the fact
that since May 2008 the differences between consecutive surveys hovered within the range
of the statistical error. Obviously, at the moment it is not possible to predict moods on the
fifth anniversary of the accession. Nevertheless, the tendencies observed to-date support
the claim that no dramatic changes are to be expected in the support of Poles for the EU.
Divergent support levels for Polish membership of the EU

The arithmetic mean, which has been frequently quoted to date, is one of the most
popular statistical units of measure. It shows the average value of a property present in
a sample (and population), however it does not tell us how diverse internally (dispersed)
the property is. To answer this question, we use a detailed analysis of response distribution.
Obviously, in individual social groups, a certain feature or attitude is encountered more
or less frequently than the average. Further in this chapter, the some light will be shed
on the social diversity of support for Polands membership of the European Union. There
are many categories that may be considered, e.g. age, gender, income, education or professional standing. Due to the limited scope of this discussion, the analysis will cover only
certain (extreme, as regards the support) social groups. Nevertheless, the statistical correlations are also present with respect to other variables. The changes in support for the Polish
membership of the European Union in individual social groups are presented in chart 2.
These results show key trends regarding the support for Polish membership of
the EU as recorded in the Polish opinion polls336. Just a rough analysis shows considerable discrepancies in the support for the integration with the EU which often reach as high
as 40 percentage points. They will be briefly analysed in the next section.
Farmers comprise a group which, in terms of social perception, is one of the main
beneficiaries of changes after 1 May 2004337. A positive opinion on Polands membership
of the EU was expressed much less frequently by farmers themselves than other citizens
of Poland (by 12 percentage points on average). Concurrently, only 66% (with the average for all respondents totalling 75%) of them believed that Polands membership of
the EU had a positive effect on the operation of individual farms in Poland338. After four
For more on support for the membership of individual social groups see Spoeczny bilans korzyci i kosztw czonkostwa [Summary of social benefits and costs of
membership], Elbieta Skotnicka-Illasiewicz ed., Warszawa 2003.
337
This pertains in particular to owners of larger farms, according to the surveys 71% of respondents believe that they benefited from Polish accession to the EU,
GfK Polonia, commissioned by DA UKIE, May 2008.
338
Bilans czterech lat czonkostwa Polski w Unii Europejskiej [Summary of Polands five years in the European Union], CBOS, BS/66/2008, April 2008, p. 24.
336
340
341
years of membership, the percentage of those convinced that farmers benefited from the
membership of the EU went up by 48 percentage points against 2004, reaching 75%339.
Despite the fact that the support for the EU is relatively seen the lowest among farmers,
the increase is impressive in comparison to results recorded before the accession. For
instance, the results of the survey performed in March 2004 (2 months prior to the accession) showed that if the referendum on membership was to be repeated, 42% of farmers
would vote against it (only 13% at the moment)340.
Chart 2. Support for the Polish membership of the EU (20042008) in various social groups
If voting (referendum) on Polands accession to the European Union was to be held once more this Sunday,
would you vote for or against Polands accession to the European Union?
100
90
80
70
60
50
40
30
20
10
0
01.2004 06.2004 01.2005 06.2005 01.2006 06.2006

for total respondents
for farmers
for executive staff
for retired
01.2007 06.2007 01.2008 06.2008 12.2008

for students
Source: S MG/KRC (2004), Pentor (2005), SMG/KRC (2006), Pentor (2007), GfK Polonia (2008) commissioned
by DA UKIE. Results of monitoring using 2 measurements a year (every 6 months).
The next analysed social category, i.e. students, posed certain methodological problems due to a differing classification of the group either as university students and school
youth or simply as university students. Regardless of the accepted typology, this group
displayed significant deviation from the arithmetic mean (by 6 percentage points on average). At the same time, similarly as farmers, this group is perceived as chief beneficiaries
of the accession. However, young people are aware of their benefits as many as 79% of
339
340
Ibid; Bilans dwch lat czonkostwa Polski w Unii Europejskiej [Summary of Polands five years in the European Union], CBOS, BS/76/2006, April 2006.
Monitoring by SMG/KRC commissioned by DA UKIE, March 2004; Monitoring by GfK Polonia commissioned by DIE UKIE, December 2008.
341
342
respondents aged 2029 and 78% of students declared that accession was beneficial for
their group341. The survey carried out on the eve of the fourth anniversary of the accession
showed that the percentage of students personally supporting the Polish membership of
the European Union totalled 99% (the average was 88%)342. Benefits from the integration
were noticed not only in the individual, but also national dimension, as 80% of high school
and university students believed that Poland benefited from the accession (average for the
entire sample totalled 64%)343. This and other surveys show that students are a social group
marked by one of the highest EU support rates. In December 2008, 80% of them declared
that they would vote yes if the accession referendum were to be held again344.
Fewer advocates of accession could be found among old age and disability pensioners. Chart 2 shows that (next to farmers) this group supports the Polish membership
of the EU less frequently. This does not, however, mean that reluctance and disapproval
were the dominating feelings towards integration, considering that the poll results carried out in December 2008 found 59% of pensioners to vote yes in a potential referendum and only 14% to vote no345. The combination of results regarding the perceived
individual benefits (11%) and those indicating benefits for Poland (75%) or for young
people (74%) shows that elderly people who are not active professionally did not expect any gains from the accession (54% said that their situation had not changed) for
themselves, but were rather driven by the national interest and the well-being of the
young generation346. Pensioners, due to their financial status, rarely reap the benefits of
the accession, e.g. freedom of movement, or work. However, they often appreciate the
improvement of Polands image in the world (67%) and assurance of security (55%)347.
The last of the surveyed groups, i.e. executive staff, also posed problems related to the methodology. In individual surveys, different categories are used (specialists,
owners and company directors, the executive staff and intelligentsia, directors and
liberal professionals etc.). Hence the conclusions presented below should be treated
with caution. Also, the very category of the executive staff is not homogenous348. The
attempt to summarise the results presented in chart 2 shows that this group supports
Polish membership of the EU more often than the respondents in general. The survey
Monitoring by GfK Polonia commissioned by DA UKIE, May 2008.
Bilans czterech lat czonkostwa..., op.cit.
Ibid.
344
Monitoring by GfK Polonia commissioned by DIE UKIE, December 2008.
345
Ibid.
346
347
Monitoring by GfK Polonia commissioned by DA UKIE, op.cit.
348
Some surveys differentiate between owners of small production and service companies and larger enterprises (national and international).
341
342
343
342
343
performed in December 2008 showed that 82% of I would vote for the accession to
the European Union responses were recorded among people who belong to the specialists, owners, directors category349. Also the latest Eurobarometer report shows that
respondents holding executive positions declared satisfaction from the membership of
the EU more often (86%) than respondents in general (65%)350.
The four analysed groups surely do not exhaust the topic of diversity regarding the
broad concept of support for the Polish membership of the EU, but rather serve as examples. In practice, individual socio-economic and demographic variables occur in varying
intensities and correlate with one another. To sum up the discussion on the differences
within the support for integration, the results of surveys concerning the socio-economic profile of supporters of Polands membership of the European Union are presented.
The Eurobarometer survey performed in autumn 2008 is consistent with the results of
spring 2008. It was concluded, that the younger (80% of respondents aged 1524 versus
54% oldest respondents), the better educated the respondent (72% of respondents with
higher education versus 45% primary school graduates) and the larger their town (74%
city dwellers versus 58% rural residents), the stronger support for the EU they displayed351. Positive correlation of the first two variables (age and education) with the support
for the EU is rather in line with the common conviction that the young and educated
people benefited most from the accession. However, the interdependence between the
support for the EU and size of the town seems contradictory to the commonly held belief
that the Polish rural areas benefited from the accession. The relatively sceptical attitude
of rural residents confirms the previous conclusions concerning farmers. Nevertheless,
these categories (farmers and rural residents) are not unambiguous.
Also the very support for the Polish membership of the EU is not equivocal with
(although it is to a considerable extent overlapping) perceiving the benefits and costs
resulting from the accession. This issue will be discussed in a separate section.
Social views on the consequences of the accession

As was mentioned before, the attitude of Poles towards the European Union over
the entire analysed period displayed a steady increase rather than sudden drops or gro349
350
351
Monitoring by GfK Polonia commissioned by DIE UKIE, op.cit.

Standard Eurobarometer 70, national report, carried out in: October 2008, publication: January 2009, p. 27.
Standard Eurobarometer 70, national report..., op.cit., p. 27.
343
344
wths. At the same time and proportionally to the support for the EU, the percentage of
those who perceived benefits from the accession has been increasing year on year.
The surveys show that the perception of costs and benefits from the membership
and support for the Community was influenced by similar variables educated Poles
(80%), inhabitants of larger urban centres (82%) were statistically more frequently convinced of the benefits to be gained from the accession than uneducated respondents from
rural areas352. Those with the poorest education (27%), oldest (20%) and inhabiting the
north-western part of the country (20%) expressed an opposite opinion, arguing that
Poland did not benefit from the accession353. These results are confirmed by a report on
another survey. It says that respondents with university-level education (79%), income
per capita in the household exceeding PLN 1,200 (79%) and below 24 years of age (76%)
were most frequently convinced of benefits from the accession354. Among social and professional groups, those who perceived benefits most frequently were the executive staff,
intelligentsia (79%), junior white collar workers (78%), as well as university and school
students from among the non-active in terms of work (80%)355.
The terminology used thus far (benefits, disadvantages) did not differentiate
between the areas of life that the analysed consequences would apply to. Hence, individual aspects of perceived benefits will be focused on in a later part of this study.
The freedom to travel, study and work in any state of the EU are the most often
quoted benefits of accession. Open borders constitute one of the most tangible effects
of the accession356. Other specified benefits are related to the economic aspects, e.g. the
reduction of unemployment, inflow of funds, subsidies (especially for agriculture), development and modernisation. To sum up, in April 2008 as many as 3/4 of respondents
believed that the Polish economy benefited from the membership (in 2004, 40% was of
that opinion)357, and in October 2008, 61% declared that: they felt that the country was
more economically stable as a member of the European Union358.
The analysis of responses given in the Polish opinion polls from the previous
years shows how the social perception of individual consequences of integration was
changing (chart 3).
Ibid, p. 29.
Ibid.
Bilans czterech lat czonkostwa..., op.cit., p. 3.
355
Ibid.
356
At the same time, along with this trend, social fears as to the brain drain (that is outflow of expert staff to other EU states) are arising. These fears, fuelled by
numerous media reports, have an impact on the results of surveys. This problem is discussed in a separate chapter, see: Jakub Winiewski, Rynek pracy, kapita
ludzki i migracje zarobkowe [Labour market, human capital and income-driven migration].
357
358
Standard Eurobarometer 70, national report..., op.cit., p. 31.
352
353
354
344
345
Chart 3. Fluctuations in perception of benefits from accession to the EU in detail

Do you think that the Polish membership of the European Union had a positive or negative effect
on the following areas:
Percentage of positive responses
on the security of Poland/assurance of peace

on the image of Poland in the world
on the chances of development for children
and young people
on the condition of loss-making state-owned enterprises
(e.g. steelworks, coal mines)
on the condition of small and medium sized enterprises
on the situation in agriculture
on the reduction of corruption
on the effciency of nationa and local governmentl
on the security of citizens at home, on the streets
on the opportunities for working abroad

on the lvel of salaries/remuneration
on the costs of living/prices of most frequently purchased
goods and services
number of working places/chances of finding a job
2004
2006
2008
10
20
30 40
50
60
70
80 90 100
Source: S MG/KRC commissioned by DA UKIE, October 2004, SMG/KRC commissioned by DA UKIE,

September 2006, GfK Polonia commissioned by DA UKIE, May 2008.
345
346
The chart 3 shows that in all 13 of the analysed dimensions an increase in perceived benefits was recorded as compared to 2004. The differences between the percentage
rates of respondents who saw profits from the accession fluctuated depending on the
area from 2 (the image of Poland in the world) to 31 percentage points (remuneration
and salaries of workers). It is worth noting that an increase in 11 out of 13 dimensions
remained steady, and in the other two dimensions (the image of Poland in the world and
the costs of living and prices) perceived benefits dropped against 2006 values.
In six of the analysed dimensions respondents who perceived benefits exceeded
50%, hence (additionally after the deduction of respondents displaying an ambivalent
attitude), the percentage rate of people assessing the impact of the Polish membership as
negative constituted a minority. Other areas require some comments on the disadvantageous impact of the EU membership as viewed by the respondents.
Security of the citizens both at home and in the streets improved according to
36% of respondents, while in the opinion of 8% it deteriorated due to the integration.
Most of the respondents (51%) concluded that the accession had no impact in this respect. This is similar to another area where the percentage of perceived benefits did not
exceed 50% (37%) efficiency of the state and local government. Less than every tenth
respondent (9%) stated that the Polish membership of the EU had a negative impact in
this respect, while the other (48%) did not see any consequences neiteher positive nor
negative. A slightly higher percentage of respondents saw a negative impact of the EU
when it comes to fighting corruption (12%) which, considering the 30% of respondents
who saw positive consequences and other (52%) who recorded no consequences, is not
an alarming result. Another negatively perceived consequence of the Polish accession
to the EU relates to the condition of the agriculture (13%); 2/3 of respondents expressed
a different opinion (64%) and a relatively low percentage of respondents noticed no
impact of the EU (16%). Importantly, negative consequences of the membership for
agriculture were most often referred to by farmers (26%).
In the opinion of 15% of respondents, EU also had a negative effect on the condition of small and medium sized enterprises, whereas 47% of respondents presented
a different opinion. It is worth noting that an increase by 25 points in statements underscoring the benefits was recorded as compared to 2004. According to every fifth respondent, the impact of the EU on remunerations was negative, whereas 40% presented an
opposing view. It is worth stressing that in this area the largest (33 percentage points)
increase in positive opinions was recorded in comparison to 2004. The percentage of re-
346
347
spondents believing that the loss-making state-owned enterprises (e.g. steelworks, coal
mines) did not benefit from the membership of the EU (26%) is almost identical with the
opposing opinion (27%).
The last of the analysed areas concerns the cost of living and the prices of products
and services purchased most often. The results are not unambiguous and they often depend
on the research tools applied as well as the specific questions asked in the surveys.
In a question presenting a set of ready responses, the percentage of respondents
who stated that the impact of the EU on those areas is negative was almost three times
(62%) as high as the percentage of those respondents who noticed a positive influence
(21%)359. The survey performed by another agency came to different conclusions. When
they were not presented with a ready list of responses and were allowed to express ones
opinions freely, respondents often could not point out any negative consequences of the
accession (33%) or could not see its negative results (24%)360. In April 2007, the percentage of respondents who, in their free (uncategorised) answers, reported an increase in
prices as a result of the accession reached a mere 5% (in 200529%, in 20067%)361.
In light of the surveys results which reflect the perception of the negative impact of the EU on the prices and costs of living, subjective assessment of material living
conditions comes as a surprise. In 2008, the percentage of respondents declaring that
the material aspect of living conditions in Poland improved, increased by 40 percentage
points as compared to 2005362. It is worth stressing that percentage of respondents (56%)
who see the positive influence of the EU in this area is almost identical with the figure
recorded in 1994 (57%), when the respondents were asked to anticipate benefits.
Conclusions
Looking back, it can be stated that the membership of the EU has met the considerable expectations from before the accession. It is worth noting that the percentage of
respondents saying that the integration resulted in more benefits than losses is four times
higher that the percentage of differing opinions.
Monitoring by GfK Polonia commissioned by DA UKIE, May 2008.
Ocena skutkw przystpienia Polski do UE po trzech latach czonkostwa [Assessment of effects of Polands accession to the EU three years on], CBOS, BS/70/2007,
April 2007, p. 10. The percentage values do not add up to 100 as selecting more than one answer was possible. A similar phenomenon is not recorded in the case
of benefits.
361
Ocena skutkw przystpienia Polski do UE po trzech latach..., op.cit., p. 11. This question was not repeated in the following year, hence it is not known what the
respondents answer would be after 4 years of membership of the EU.
362
Ibid.
359
360
347
348
The often quoted claim, that Poland is one of the leaders as far as support for the
membership of the EU is concerned, proved true. It was also confirmed that the change
did not happen in a radical way (as in the case of some countries accessing the EU together
with Poland), but was part of a gradual and balanced process. Despite the fact that changes in attitudes continued over the entire period, it seems that both the support for the
EU and benefits from the accession were beginning to emerge in the third year following
the accession. The rising awareness of benefits from the membership have been directly
translated into the increasing support for Poland within the Community (and the other
way round: high support influenced the perception of benefits). It can also be argued to
be partly the result of a period of economic boom within the Community at that time.
Nevertheless, not all states acceding to the EU together with Poland have shown
similar responses. Without entering the debate on the superiority of any particular country strategy, the results of the surveys point to different trends as regards the support
of citizens for the membership of the EU. The historical and popular divisions become
ungrounded and the differences between EU12 and EU15 are starting to disappear. It is
worth stressing that the enthusiastic attitude towards the accession in the EU recorded
shortly after the event itself was not observed in the new states alone, with the increase
in support for membership of the EU also recorded in the EU-15 states. A similar interdependence was noted after the accession of Bulgaria and Romania.
When analysing the results of Polish opinion polls, certain variables were observed to be determining both for the support for the membership of the EU as well as for
the perception of the accession consequences. These variables included age, education,
the size of locality of residence and income. The examples of a few social groups that were
briefly analysed confirmed this correlation. What is worth stressing once again is the fact
that despite of a significant divergence of attitudes towards the integration, the percentage of respondents supporting the Polish membership of the European Union exceeds the
percentage of critical respondents in all of the analysed socio-demographic groups.
Certain controversies result from the social assessment of the EUs impact on
prices and costs of living. Methodological differences sometimes lead to different conclusions. It remains an open question to what extent the current global financial crisis will
influence the perception or non-perception of the EUs role in this situation. Thus far,
the support for the Euro among Poles has increased, although it is still relatively low.
On the eve of the fifth anniversary of the Polish accession to the EU, it can be argued that Poles have become used to the idea of being citizens of a EU member state. The
348
349
post-accession period dispelled fears concerning the loss of identity or the downturn of
the Polish economy. In fact, some of those fears are no longer being studied, seeing that
each year the number of people expressing an opinion to that effect has been decreasing.
On the other hand, the social perception of benefits has increased.
The noted trends seem to be turning into a permanent tendency. Agriculture
is still regarded by respondents as the top beneficiary of the EU membership. Also, an
increasing number of people bring up the growing significance of Poland in Europe. The
free movement of people is in the social perception one of the major benefits of integration. In this context the words of Professor Wadysaw Bartoszewski come as a self-fulfilling prophecy, to the effect that (...) the accession to NATO marked the beginning of
the integration process and the accession to the EU is the economic and organisational
completion of this process (...) This means open door to schools and universities of the
world we have dreamt of (...)363.
363
PAP, 7 May 2002.
349
Chap.3
The political dimension

Political perspective / Katarzyna Smyk

Poland and Eastern neighbours / Ignacy Niemczycki
Regional cooperation / Ewa Grnicz
Poland in the globalised world / Boutheina Abdalla, Zuzanna Burska
Managing the Polish European policy / Marek Tabor, Joanna Skoczek
Implementation and application of EU law / Magorzata Kauyska, Arkadiusz Pluciski, Anna
Podsiado, Magdalena Kamejsza, Karolina Rokicka
Strengthening public administration: from beneficiary to donor of assistance / Aneta Kdziora,
Zuzanna Kierzkowska, Karolina Zelent-migrodzka
351
Political perspective
The process of the European Union enlargement represents the most important
and clearly the most successful political project in Europe in this decade. Increasing
the number of EU members from 15 to 25 and then to 27 was a momentous political
event commented on and celebrated across the continent. At the same time, the enlargement was a test of how efficient the EU and its institutions were. It was also a test
for the acceding countries, preparing themselves to being in the EU for many years
to come.
Expectations and concerns related to the consequences of the enlargement started building up both in the political and the socio-economic dimensions. They were
being voiced both in Poland and in EU member states and institutions. In all, it appears
that 5 years of the enlarged EU have confirmed the significance and justified the purpose
of the process. The period has brought numerous and unexpected outcomes, also in the
political dimension.
It is a difficult task to assess the political consequences of enlargement from the
Polish perspective and, more broadly, the entire European Union. In economic and social life, the effects of the enlargement are visible and relatively easy to measure. However, in the political sphere, they are less tangible. As a result, their assessment is often
subjective. The very notion of political dimension of Polands membership of the EU is
not unequivocal. Also, to approach the issue with such quantifiers as gains vs. losses, or
benefits vs. costs seems rather inappropriate. We should rather discuss changes, trends
and experience resulting from the enlargement.
On those days, headlines of leading European dailies were as follows: Benefits for all in a bigger club, Financial Times, 12.05.2004, 1er mai 2004, une Europe
runie forte de 450 millions dhabitants, Le Monde, 3.05.2004, Europe celebrates expansion, Financial Times, 3.05.2004, witowano jak Europa duga i szeroka,
Rzeczpospolita, 4.05.2008.

This approach is well reflected by European Commissioner for Enlargement in 19992004 Gnter Verheugen quoted as referring to the enlargement as a win-win
situation, Larger EU is win-win () Old and New Europe gain, International Herald Tribune, 20.05.2005.
351
352
Political assessment of the enlargement

The 2004 enlargement of the European Union brought a symbolic end to the era
of divisions that were an aftermath of World War Two. At the same time, it consolidated the potential and international position of the European Union, which has became
a stronger player in the international arena. The EU is currently the largest integrated
economic area in the world, accounting for more than 30% of the world gross domestic
product (GDP) and some 17% of world trade. The integration model based on open markets and the solidarity principle turned out to be the source of soft power for the EU,
significantly more powerful than military force (e.g. the US). Therefore, it can be argued
that the enlargement remains the best answer to the twin challenge of consolidating
Europes global position and stabilizing its neighbourhood.
The acceding countries brought to the EU their own, specific perspective, experience and interests. In many aspects they exerted a fundamental impact on the political and economic agenda and the features of the integration process. The history of
transition and readiness for change, enthusiasm and, in many cases, high support for the
EU provided the new member states
with a mandate to be an active participant in European cooperation. It is
worth reminding in this context that
four of the new member states already are members of the eurozone,
while others, including Poland, have
already initiated actions to join it. It
should also be underscored that the
new member states, despite shared
experience, are not, and never have
fig. TADEUSZ KROTOS
been, a solid bloc in the European
Union. They have frequently presented divergent positions, entering into alliances with
other states against one anothers positions, or independently of one another.
P. Serafin, Unia Europejska w przededniu wielkich debat, Biuletyn Analiz UKIE, No 17, February 2007, p. 6.
P. wieboda, Q. Niessen, Unity in diversity different perspectives, common goals in the enlarged European Union, report for the conference From Borders in Space
to Borders in the Mind, Stockholm, 1516 May 2008, p. 9.

Among the new member states, the following are in the eurozone: Slovenia (since 2007), Malta and Cyprus (since 2008) and Slovakia (since 2009).

352
353
Undoubtedly, the enlargement has led to a greater diversity in the EU in terms of

economic and social development, living standards, historical experience, culture, language, tradition and mentality. In 2004, the number of EU members grew by 2/3, while
the total EU population increased by 19%, to reach over 459 mln and 495 mld in 2007.
The old member states were joined by 10 new ones, whose GDP per capita lagged far
behind the EU average. The number of official EU languages has grown nearly twofold:
from 12 to 21 in 2004, and then to 23 as of 2007. As never before in its history, the EU
has become greatly diverse, bearing certain traces of a neo-medieval empire. The diversity, especially in terms of social and economic factors, has become a major challenge
for the enlarged EU. The successful tackling of the diversity lies in the interest of entire
Europe. The consequence of an increasing diversity within the EU was the emergence
of tendencies to differentiate the speed of integration, which intensified following the
failure of the constitutional treaty ratification in 2005. In practice, however, from the
perspective of the five years, this has been used more in rhetoric, not so much reflected
by real actions. It cannot be ruled out, however, that this trend will intensify over time,
in particular if remarkable differences continue to exist between states in terms of socioeconomic development.
The enlargement has launched in the EU adaptive processes which, contrary to
expectations, have been occurring in the old members as much as in the new ones. The
adaptation to the new conditions of cooperation proved to be a reciprocal process, for
which not all member states, and their societies, were ready. Obviously, the accession
required from Poland and other new member states to accommodate themselves to the
European cooperation logic. Therefore, it can be argued that the enlargement with ten
new states has consolidated the image of the EU externally as an organisation with a huge
potential for transformation and becoming a testing ground to define the EU response
to globalisation processes. The internal perceptions on the process were however different. The EU has been redefined in the social awareness of Western Union citizens: from
a shield that protects against the negative consequences of globalisation to a Trojan horse
of globalisation, weakening the state in its efforts to ensure welfare, in particular social
welfare. Following the accession of new member states, in Western Europe the phenomena of enlargement fatigue appeared. The source of this was varying opinions on the
There are currently 23 official languages in the European Union (including Irish Gaelic).
J. Zielonka, Europa jako imperium. Nowe spojrzenie na Uni Europejsk, PISM, Warszawa 2007.

P. wieboda, Polska polityka europejska w latach 20042009. Priorytety, interesy, strategiczne wybory i sposb realizacji, expert study commissioned by UKIE, p. 2.

P. Serafin, p. 5.

353
354
process from the societies, resulting from their different experience and the specificities
of individual states10. The enlargement, being an unquestionable success of the EU from
the economic and social perspective, has been questioned in some countries of Western
Europe. The divergence in evaluating the 2004 enlargement by individual societies is
a prove of that. Slovaks were the nation most favouring the process, as 72% of them reported it actually strengthened the EU. On the other hand, only 33% of Austrians, 35%
of Luxembourgian and 36% of French shared the opinion. The differences in evaluating
the 2004 accession were therefore very significant11.
Looking over the five years that have passed from the enlargement, there is a certain common denominator for changes in the political and economic agenda of the EU,
triggered off by member states from Central and Eastern Europe. The enlargement covered states with a substantially lower economic potential, which translated into a growth
in importance of traditional EU policies, notably regional policy and common agricultural policy. Not without a reason, these states were members of the group of so-called
friends of the cohesion policy. This informal group was established on the initiative of
Spain and Poland, in relation to the negotiations on the multiannual EU budget (New
Financial Perspective for 20072013, NFP), the key stage of which took place in 2005.
When assessing the attitude of the new states during the negotiations, it can be
argued that the enlargement resulted in the retention of the validity of political solidarity
mechanisms in the EU. In the course of key debates in the EU that covered, next to financial
affairs, the 2008 discussion on the energy and climate package, being the response of the
EU to the global problem of climate warming, these states referred to that principle. Another good example of the solidarity principle in action was proposals to establish a common
energy policy and mechanisms that safeguard the member states against threats related to
the limited supply of energy resources. An important, tangible effect of those actions was
the European Commissions proposal of January 2009 to allocate in 2009 some EUR 3.5 bn
to energy projects under the so-called recovery plan for Europe12. One of the beneficiaries of
the funding was the Nabucco gas pipeline project, the delivery of which is planned to contribute to greater energy security in Central and Eastern Europe and also across Europe.
In a somewhat simplified picture, we could say that the accession of new members
has reinforced the group of states that advocate liberal economy and tax competition wiMore on the social opinion on the EU and perceptions on the enlargement in EU-27 in the chapter Social perception of the Polish membership of the EU.
Standard Eurobarometr 70, First Results, Publication: December 2008, p. 63.
12
Proposal for a regulation of the European Parliament and of the Council establishing a programme to aid economic recovery by granting Community financial assistance to projects in the field of energy Brussels, COM(2009)35, 28.1.2009.
10
11
354
355
thin the EU13. They have presented themselves on numerous occasions as proponents of
a further development of the internal market, or of bringing it to successful completion.
The states advocated consistent implementation of the four freedoms, notably the free
flow of persons and services. An example of this attitude was the discussion on the services directive, which took place in the EU in the years 2005 and 2006, and the proposal
to introduce the country of origin principle, which was to contribute to the improved
competitiveness in the internal market. Ultimately, fears of some EU-15 states of full service market liberalisation and threat of social dumping from the EU-10 led to the original
version of the directive being significantly truncated14. A follow-up on the integrationfriendly approach was also the position of the new member states on the lifting of barriers
to the free flow of persons that were retained towards EU-8 citizens (and still are) by some
EU states. A good demonstration of the difference in approaches and visions of, in this
case, the new and the old member state to the European project, are rather inconsistent themes of two consecutive presidencies: in the second half of 2008 and in the first
half of 2009. France proposed a theme Europe that protects (Europe qui protge), while
the Czech Republic chose Europe without barriers (Europe sans barrires).
The enlargement of the European Union created a new geopolitical situation in
Europe. The states of the former Eastern bloc have become an integral part of European
economic structures, many also of the military ones. At the same time, the shifting of EU
borders to the east posed a new challenge to the EU foreign policy, necessitating its adaptation to the requirements of the renewed Europe paradigm. It was exactly in foreign
policy, one of the areas where actions of member states Central and Eastern Europe
where most intense, that the impact of the 2004 EU enlargement was most clearly observable. The new states promoted the strategic meaning of the Eastern Europe's position
in the European political and security architecture. Doing so, they demonstrated that
their policy was creative and that they could aspire to intellectual leadership in Europe.
The centre of gravity in the enlarged EU in terms of foreign policy moved in the
north-eastern direction. One can unreservedly agree with the German expert Kai-Olaf
Lang, who said that the enlargement moved the EU to the east and "easternised" it15. The
new member states also altered the technocratic approach that had been implemented
P. wieboda, Polska polityka europejska, p. 3.
K. Barysch refers to the services directive as the first victim of enlargement, in: K. Barysch Enlargement two years on: Economic success or political failure?
Centre for European Reform, Briefing paper for the Confederation of Danish Industries and the Central Organization of Industrial Employees in Denmark, April
2006, p. 19.
15
Kai-Olaf Lang, at the conference The Consequences of the enlargement European Union five years later, organised by the Center for International Relations,
in cooperation with e.g. the Office of the Committee for European Integration, Warsaw, 4 December 2008.
13
14
355
356
previously in terms of shaping relations with neighbours to the east, rendering it more political. At the same time, together with the enlargement and the attitude of the new states,
a tendency consolidated in the EU to regionalise foreign policy where, next to the eastern
dimension, a concept of Black Sea Synergy or the Union for the Mediterranean emerged.
The new trends that appeared in EU foreign policy after 2004 were not limited
to the eastern policy only. In general, EU foreign policy became more active. The new
member states contributed to greater meaning being given to the transatlantic dimension
of the EU security policy. Unwilling to remain on the fringe of the EU, they attempted
to keep the momentum of the enlargement process. This was particularly visible in the
context of declaring the European perspective for Western Balkan states. Also, the new
states discerned the significance of foreign aspects of EU internal policy, for example in
the area of energy. This does not mean, however, that EU foreign policy has become
homogenous, as still in many cases, the "common-ness" existed in the name only. The
issue of divergent positions of the member states, also the new member states, regarding
the status of Kosovo in 2008, testifies well to these differences16.
Changes in the decision-making process

An important area where the consequences of the enlargement were evident
was the decision-making process in the Council of the European Union the key decision-making body representing member states. The prospective accession of twelve new
member states initially stirred up fears as to potentially negative consequences of the enlargement for the effectiveness of the decision-making process and the consensus culture, dominating the Council of the EU. Difficulties were expected in terms of working out
compromise solutions, in particular in the areas to which unanimity principle applied.
There is no doubt that the enlargement necessarily entails a broader range of interests
and positions from the countries. This can be seen both in the new areas covered by
the decision-making process as well as positions presented during the negotiations. This
may prolong and complicate the negotiations process. Concerns as to the impact of the
enlargement on the decision making add fuel to the conviction already dominating in
the EU of the insufficient preparedness of the EU for the enlargement, notably in terms
of institutional reform and decision-making procedures.
16
356
Kosovos independence was not recognised by 3 EU-12 countries, that is Cyprus, Romania and Slovakia.
357
Five years that have passed since the EU enlargement is a period long enough for
detailed studies17 and summaries to be carried out. The analysis of the decision-making
process effectiveness, measured by the number of legislative decisions of the Council proves
that the enlargement did not bring the decision-making process in the EU to a stalemate.
A clear decline in the number of decisions taken by the Council was recorded only in the
initial post-accession months. This was also related to the limited legislative activity of
EU institutions due to the approaching European Parliament election and changes to the
composition of the Commission in 2004. In the second post-enlargement year, the decisionmaking process accelerated. In general, between May 2004 and October 2008 the Council
adopted 800 legislative decisions in total (resolutions, directives, decisions). This gives an
average of some 173 decisions per year (a detailed breakdown is presented in the table). The
number of decisions taken in the EU-15 in the last three years preceding the accession was
slightly higher (187 in 2001, 194 in 2002 and 193 in 2003)18. The tendencies resulted from
an array of factors, mainly related with the active attitude of the European Commission in
bringing forward proposals for legislation. The number of such proposals submitted by the
Commission has slightly decreased over the years. This may be attributed, among others, to:
attempts not to overregulate the law, under the better regulation initiative, the development of European cooperation methods other than regulation, such as open method of coordination, or the development of new areas of European integration, that are not covered
by the community pillar, such as the police and judicial cooperation in criminal matters.
Table 1. Summary of the number of legislative decisions of the Council adopted by qualified
majority and unanimously from 1 May 2004 to October 2008
133
176
165
39
188
Unanimity
124
Qualified
majority
29
2008**
Unanimity
147
Qualified
majority
33
2007
Unanimity
100
Qualified
majority
41
87
2006
Unanimity
Qualified
majority
46
2005
Unanimity
Qualified
majority
2004*
30
218
* From 1 May 2004.

** by end of October 2008.
Source: Own calculation based on monthly summaries of Council Acts, from the period May 2004 October 2008.
More on the assessment of the activities of the Council of the European Union, considering the consequences of the enlargement in: D. Naurin, H. Wallace (eds.),
Unveiling the Council of the European Union. Games Governments Play in Brussels, London 2008.
18
Own calculations based on monthly summaries of Council Acts from the period 2001 October 2008, available on the Councils website: http://www.consilium.
europa.eu.
17
357
358
Positive changes, being faster pace of decision making in the legislative process
both at the stage of the Council and the European Parliament, have also been noted.
The European Parliament is an important partner to the Council and the Commission
in lawmaking, and its role depends on the decision-making procedure applicable to
a given area (e.g. advisory role in the consultation procedure and co-deciding role,
comparable to the role of the Council in the co-decision procedure). The available
statistics show that the number of legal acts adopted by the Council and the Parliament already in the first reading, under the co-decision procedure, providing for three
readings, has clearly risen. The number of readings, however, may be limited if parliamentarians agree on the contents of a given act with the representatives of the Council
and the Commission at an early stage, as is usually the case. As a result, the number of
legal acts adopted in the first reading grew from 30.7% (data for the period 2001 April
2004) to 56.8% in the period from May 2004 to December 2006. At the same time, the
share of the second reading dropped from 54.4% to 40% and of the third from 14.8%
to a mere 3.2%19.
The enlargement contributed to a broader application of the qualified majority
principle, and a limited use of the unanimity principle. Over the five years from the
enlargement, the number of decisions adopted by the Council by qualified majority has
grown from 71.5% in 2003% to 81.5% in 2008 (data to October 2008 inclusive). The
scope of application of both of these primary voting rules in the Council is primarily
related to the areas where they apply. It follows from the above statistics that, following
the enlargement, the decision-making activity of the Council, thus of the entire EU,
intensified in the areas covered by majority voting, with the simultaneous drop in the
number of cases covered by unanimous voting. It should also be pointed out here that
the selection of the legal base for a given act of law is with the European Commission ,
being the institution with the legislative initiative monopoly (under the first pillar). As
a result, it can be assumed that, with a greater number of member states, the Commission is more prone to subject acts of law to the qualified majority principle, as it is more
conducive to compromise-finding and also facilitates decision-making, as compared to
the unanimity principle.
S. Hagemann, J. De Clerck-Sachsse, Old Rules, New Game. Decision-Making in the Council of Minister after the 2004 Enlargement, Centre for European Policy
Studies, Special Report, March 2007, p. 25.
19
358
359
Chart 1. Qualified majority and unanimity in the EU Council in the yeas 20012008*
100%
80%
60%
40%
20%
0%
Qualified majority
Unanimity
2001
130
57
2002
136
58
2003
138
55
2004
2005
2006
154
74
100
33
147
29
2007
124
39
2008
188
30
* by end of October 2008.

Source: O
wn calculation based on monthly summaries of Council Acts, from the period 2001 October
2008.
Analytical studies indicate that the enlargement of the EU increased the frequency of the member states expressing their objection in the decision making process in the
Council. The share of decision taken by qualified majority with at least one state voting
against has fluctuated over the five years of membership, totalling: 26% in 2005, 26.5%
in 2006, 37.9% in 2007 and only 9.2% in 2008 (data to October 2008 inclusive). Prior to
the enlargement, these figures were at 21.5% in 2001, 20% in 2002 and 34% in 2003. It
should however be pointed out that the statistics used to validate this claim pertain to
the member state dissenting at the last stage of the qualified majority voting that ended
with a positive decision, meaning that the objection did not block the decision. Due to
the lack of available data it is not possible to determine how many and which member
states effectively blocked the decision-making process.
Also interesting are data on the willingness to block the decision making process
in the Council as shown by individual states. The states that obtained the EU member
status in 2004 and 2007 are those that express their objection to the decisions taken at the
Council by qualified majority most rarely. The top thirteen opposing states to decisions
taken in the Council are the old member states, the top four being Denmark, Sweden,
359
360
Italy and Germany. The new member states usually approved the decisions taken by the
Council under this procedure, rarely expressing their objection. However, the past five
years have witnessed a trend in growing dissent among the new member states increasing from 8 dissenting votes in total on the part of the new member states in 2005 to 18
in 2007. Irrespective of the detailed analysis of the cases of dissenting voting, it should
be argued that the vast majority of the decisions taken by the Council is adopted after
working out a compromise that takes due account needs and fears of all states, even if
the criteria required to take the decision has already been met. The enlargement has
changed nothing in this respect.
On the other hand, the EU enlargement has triggered off an array of interesting
developments, pointed to by numerous qualitative assessments and studies on the ways of
working of the institutions after the enlargement. The increase in the number of member
states has resulted in the rise in importance of the non-formal component of the negotiations. The coalitions were formed directly among the capitals rather than in the conference rooms, or in the lobby. As a result, bilateral interaction between the states has grown
in importance, with the centre of gravity shifting from multilateral to bilateral meetings.
Although the enlargement has increased the share of small and medium states in the
general number of states, paradoxically enough, it has simultaneously strengthened the
position of large states20. This is because the enlargement increased the demand for political leadership, which cannot be ensured by relatively weak European institutions, and
leaders of big countries have become natural candidates for the role. The EU has become
less coherent politically and more exposed to internal divides, which is a natural consequence of its greater post-enlargement diversity. As a consequence, intergovernmental
trends have consolidated in the EU. This line of changes is supported by the provisions of
the Treaty of Lisbon on e.g. reduction in the number of European commissioners21.
Polands priorities in the EU

We are becoming a co-host of Europe, rather than its suppliant read a title of one
of the articles in a supplement to a high-brow weekly "Polityka", published on 1 May 2004
in relation to Poland's accession to the EU. It accurately pinpointed an important qualitative
J. Tallberg, Bargaining Power in the European Council, Journal of Common Market Studies, 2008, Volume 46, Number 3, p. 685708.
K. Smyk, E. Grnicz, Perspektywa redukcji skadu Komisji Europejskiej kontekst prawny, polityczny, tryb i konsekwencje, Biuletyn Analiz UKIE, No 20, November 2008, p. 139151.
20
21
360
361
change to the status of Poland and other acceding countries that took place on the day of
accession. From a country aspiring to the EU and not having a major influence on it, Poland
evolved into a fully-fledged member of the organisation, enjoying all rights and opportunities of co-deciding on the contents of the community laws, directions of the EU development and ways of pursuing its policies. This was undoubtedly a huge political benefit and
a proof of the rising role of Poland in the international arena as a result of the accession.
Poland joined the EU being a "high-speed train", moving on the rails of mechanisms and specific rules of the game worked out over many years of integration. Therefore,
the initial period of the membership was "learning the lesson" and familiarising itself
with the logic of European cooperation. Poland's priorities in the EU to a large extent
resulted from its specific situation as a new member state at the stage of transition and
catching up with the European leaders in terms of socio-economic development. Therefore, the main priority of Poland's European policy in 20042009 was to take advantage
of opportunities and reduce EU membership costs and to learn, in a smooth manner, how
to operate as a member state.
Next to attempts seeking for upsides of the membership to prevail over downsides, Poland concentrated its efforts on consolidating its strong position of an influential
member state, with ambitions commensurate with its size and socio-economic potential.
An opportunity for Poland to position itself within the EU became three major debates
that have taken place over the five years of membership:
l
financial debate in the years 20042005,
l
debate on legal framework and EU institutional reform in the years 20042007,
and
l
energy and climate debate in 2008.
The significance of these three debates in the European Union has proven that
one of the key benefits of the accession to the EU was the opportunity to influence the
European Union reform and its adaptation to meet the challenges of the realities that
Europe faces.
The first of the debates concerned the negotiations on the New Financial Perspective for a seven-year period (20072013). It was of vital importance for Poland as it
exerted enormous influence on the assessment of the EU membership from the financial perspective. Negotiations on NFP commenced in February 200422. The final stage of
Negotiations started with the publication by the European Commission of the communication Building our common Future Policy challenges and Budgetary
means of the Enlarged Union 20072013, COM(2004)101, adopted by the European Commission, 10 February 2004.
22
361
362
work coincided with the British presidency in the second half of 2005. During the work,
the UK proposed a significant reduction in funds for the new member states, in particular
the allocation to Poland. Poland could not agree to funds that contribute to the economic
growth in the new member states (i.e. cohesion policy funds) being limited to a significantly larger extent that the funds allocated to the funding of the policies in the EU-15.
During intense negotiations among EU member states and institutions, Poland declared
itself in favour of the European solidarity principle. Poland argued that the EU budget,
notably after the enlargement should support the levelling of development differences among the member states. The solutions finally adopted for the EU budget for
20072013 were agreed upon at the December European Council in 2005 and were very
advantageous to Poland. The agreement enabled Poland to use the maximum pool of up
to EUR91bn from the EU budget for the years 20072013, which rendered the country
the biggest net beneficiary in the EU. Under the agreement on the budget, Poland would pay some EUR 21bn to the budget over the period of the financial perspective. This
means that Poland has the opportunity to remain a clear net beneficiary of EU funding,
much more, in absolute terms, than any other member. Over the entire period of the financial perspective, Poland will pay to the EU budget four times less than it will receive
from it. Also, Poland obtained concessions regarding the access to the cohesion policy
funding. The completion of the negotiations on the EU budget for the years 20072013
turned out to be a substantial success for Poland. The success was possible also owing to
a more effective alliance between Poland and other states of the region and EU-15 states
interested in the development of the cohesion policy, notably Spain. This was also the
first key debate in the EU involving the new member states, the experience of which
will pay off in the further course of cooperation in the EU. At the same time, financial
support from the EU, looking over the five years, may be for Poland and important tool
to deal with the ramifications of the economic crisis of late 2008, that no-one expected.
The debate on the EU legal framework reform commenced already before Poland's accession to the EU and was held under the motto of preparing the EU to the
challenges related e.g. to a greater number of members. Under the Laeken Declaration of
December 2001, candidate countries became fully involved in the effort of the European
Convention working on the draft of a new treaty. The reservation was, however, that
the states did not have the right to block the consensus that could emerge among the
member states. In the course of the treaty debate, Poland attached a lot of importance
to formal aspects conditioning the position of the state in the decision-making process.
362
363
This stemmed from a relative inexperience and lack of familiarity with informal ways of
working as well as smaller presence in the EU institutions compared to other member
states. Therefore, one of Poland's proposals for the work on the draft "Treaty Establishing
a Constitution for Europe", signed on 29 October 2004, was to retain the so-called Nice
voting system, that guaranteed a privileged starting position for Poland in the decisionmaking process. The failure of the constitutional treaty ratification led to a re-initiation
of work on a new document in 2007. In the course of the work on the Treaty of Lisbon,
Poland submitted a proposal for the new voting system to be based on the degressive proportionality principle (so-called equal representation system). As argued by Poland, this
system better and more "justly" reflected the importance of states in the decision making
process. Ultimately, Poland withdrew from this proposal. The content of the treaty was
agreed on by the intergovernmental conference, with its final stage being the meeting
of heads of states and governments in October 2007. Poland did achieve its objectives
as defined by the negotiators, including those on the voting system in the EU Council
and incorporation into the primary law of the provision on the change of the so-called
Ioannina mechanism, being more of a symbolic nature. Poland joined the Protocol on
the application of the Charter of Fundamental Rights to the United Kingdom. It also added to the treaty a unilateral declaration that underscored the importance of social and
economic rights referred to in the Charter. Offering its positive evaluation of the Treaty
of Lisbon, the Lower House of the Parliament in Poland (Sejm) authorised the President,
in its resolution of 1 April 2008, to ratify the document. Following the negative result of
the referendum in Ireland in June 2008, the majority of member states decided to proceed with the ratification process. This rendered bringing the ratification procedure to
a halt by Poland incomprehensible to EU representatives23 and independent observers24.
The lack of understanding also resulted from the fact that the positive completion of the
treaty reform is perceived across the EU as a precondition for effective solution of issues
of fundamental importance to Europeans, such as climate change, demographic changes,
energy security, or globalisation challenges25.
One of the key EU projects in the last five years, and a crucial one for Poland, has
been the so-called energy and climate package. The essential part of the package proposed in February 2008 by the European Commission was a detailed distribution of obliPoland was called on to complete the ratification procedure also by French president Nicolas Sarkozy, presiding over the EU in the second half of 2008 in his
addresses at the European Parliament on 14 July, 21 October and 16 December 2008. Summaries of EP sessions are available at: www.europarl.europa.eu.
24
J. Wyles, Why Lisbon laggards lose influence in the EU they love, European Voice, 24.07.2008.
25
K. Smyk, Traktat z Lizbony lub status quo konsekwencje i scenariusze, Biuletyn Analiz UKIE No 20, November 2008, p. 10.
23
363
364
gations among the member states as regards the reduction in greenhouse gas emissions.
Horizontal reduction targets across the EU were determined by the European Council
in March 2007. The proposal put forward by the Commission was clearly disadvantageous for Poland, as it failed to consider the specificity of Polish economy, predominantly
based on energy produced from coal. As a result, the implementation of the package in
its initial form threatened Poland with numerous ramifications, including a sharp rise
of energy prices and losing the competitive edge by the industry. A breakthrough in the
negotiations occurred during the meeting of the European Council in October 2008. The
Poland-brokered coalition of 9 states from Central and Eastern Europe (Poland, Hungary, Czech Republic, Slovakia, Lithuania, Latvia, Estonia, Bulgaria, Romania) managed to
secure a provision that final decisions on the package would be taken by the European
Council based on the unanimity principle. As a result, at the European Council in December 2008, Poland was able to effectively defend its key proposals that substantially
modified the structure of the climate package. Poland managed to obtain e.g. flexibility
as regards the rate of drop in the percentage of free emission quota for power generation
in the years 20132020 (in 2013, free quotas will be able to cover up to 70% of the power industry emissions, while all quotas will be chargeable in 2020). The concession to
introduce derogation in the energy sector will enable Poland to substantially limit the
electric energy price growth. The compromise also provides for the introduction of the
so-called revision clause, enabling a modification and potential prolonged operation of
the derogation in 2018. Also, as result of the compromise, Poland will receive more CO2
emission allowances than the quantities forecasted for the Polish industry, including power industry. The surplus of the allowance will go to the solidarity fund, totalling some
PLN 60bn for Poland in the years 2013202026. Final arrangements on the energy and
climate package helped to protect Polands interests against potentially negative consequences in the medium term. Polands actions confirmed its important role in the EU,
and further strengthened Polands position as the leader of the region.
Next to the three debates discussed above, Poland actively participated in the EU
work on the individual policies. Particularly high on the list of Polish priorities has been
EU policy on eastern neighbours, including the development of relations between the
EU and Ukraine27. The actions to that end were initiated already in the initial post-accession months, in connection with the developments in Ukraine in late 2004. At that time,
Estimate based on the price of emission allowances at 39 euros/ton of CO2 in the years 20132020.
More on Polands position on the EUs Eastern Policy and impact of the enlargement on the EU policy on eastern neighbours in the chapter Poland and her
Eastern neighbours.
26
27
364
365
Poland successfully sought greater involvement of the EU in the process of peaceful

transition being part of the Orange Revolution, involvement of the EU in the mediation,
as well as taking by the EU and clear and positive position that would support the reform
and fair election in Ukraine. The crowning of the Polish effort in the last five years to anchor Ukraine and other neighbour states in the European structures was the concept of
the Eastern Partnership providing for developing bilateral and multilateral cooperation
between the European Union on the one hand and Ukraine, Moldova, Georgia, Belarus,
Armenia and Azerbaijan on the other (provided that the initiative would be open to Russia as well). The Eastern Partnership Initiative, submitted in 2008 together with Sweden,
and supported by the Czech presidency (first half of 2009) can be considered as the main
political success of Poland over the first five years of its EU membership28.
The concept of the Eastern Partnership, endorsed in June 2008 by the European
Council, was subject to the European Commission work and, in December 2008, the
Commission submitted to the European Council the relevant communication29. The communication provides for the establishment of deep and comprehensive free trade areas
with each partner state30, abolition of the visa requirement or an initiative for greater
energy security of the EU and its neighbour states. The Eastern Partnership is the first
Polish initiative of such a grand political scale, initiating a change in the EU operation,
to be accepted by the remaining member states31. It has also been broadly interpreted as
Polands success translating into its rise in importance in the EU and improved image, as
testified to by numerous positive comments on it32.
In relation to sectoral policies, the priority for Poland has been matters connected with the internal market and its fundamental freedoms, in particular the free flow
of services and persons. Poland was an active participant of the work on the so-called
services directive, advocating the lifting of barriers on services flow. The final contents
of the directive, adopted in December 2006, were substantially modified. This resulted
from Western Europe states fears of service providers from the new member states,
embodied symbolically, to a large extent as a result of media depiction, by a Polish
plumber. Poland continuously and consistently declared itself in favour of the free
Polityka zagraniczna i bezpieczestwa Polski w wietle piciu lat czonkostwa w UE, expert study commissioned by UKIE from the Polish Institute of International
Affairs, p. 12.
29
Communication from the Commission to the European Parliament and the Council Eastern Partnership COM(2008)823, adopted by the European Commission
on 3 December 2008.
30
Ibidem, p. 5.
31
Polityka zagraniczna i bezpieczestwa Polski, p. 12.
32
Warsaw proved that it can push through an important initiative, that Poland learn the EU and are increasingly more comfortable in it, Nicu Popescu, expert
at the European Council on Foreign Relations, in the article artykule Szybko si uczycie, Newsweek Polska, 4 January 2009.
28
365
366
flow of persons and admitting Polish citizens to labour markets in the EU. Poland also
actively participated in the work on the mid-term review of the Lisbon strategy in
2005, internal market review in 2007 and work on the draft directive on working time,
started and 2008 and still pending.
Undeniably, a very important topic for Poland since day one
of the membership has been energy policy, notably energy security
considerations. Poland attempted
to bring to the fore the solidarity
principle and have it reflected by
the EU agenda. This purpose was
served by the so-called three musketeers proposal, submitted by
Poland in February 2006. It was
based on the principle of solidarity and mutual assistance of the
contracting parties in the event of
a interrupted supply of oil, gas and
power. The proposal did not maI will stay in Poland, come in large
nage to win the approval of other
A promotional campaign of Polish Tourist Organisation, 2005.
Copyright: PIOTR ADAMSKI
member states. This resulted from
the lack of air for a robust effort to build the EU energy policy at the time. Some argued
that Poland failed to consult the proposal to a satisfactory degree with its partners within
the EU. The experience was, however, used by Poland later, as it attempted to focus more
on consulting and convincing other states and EU institutions to support its proposals.
Also, Poland advocated solutions strengthening the third pillar of the European energy policy, such as the energy supply security, under the Strategic Energy
Review, published in November 2008. Poland welcomed the proposal of the European
Commission of January 2009 concerning the EU budget allocation to the recovery
plan for Europe33. In general, the continuation and development of cooperation in the
Most of the funds (EUR 3.5 bn of 5 bn) was assigned to energy projects, including the co-funding for crucial investments for Poland, seeking to diversify the energy supply routes (e.g. Skanled gas pipeline, the construction of which is prerequisite of the system of natural gas transport from North Sea to Poland), independence
from external energy sources (wind power plants in the Baltic Sea) and fight against climate change (Bechatw power plant CO2 emission reduction). In total,
approx. EUR 780mln will be assigned to investment projects of which Poland will be a direct beneficiary. By member states, Poland is second to Germany.
33
366
367
area of energy policy will undoubtedly remain one of the Polish priorities in the EU
forum in the future.
Over time, our countrys effort to have a stake in the modelling of the EU foreign
and security policy have also grown in importance, not only regarding the Eastern dimension referred to above. On account of its experience, Poland has consistently advocated the
continuation of the EU enlargement process, to cover states that declare their willingness
to accede and meet all EU requirements in this respect. As argued by Poland, the European perspective should remain open to all European states that meet the EU membership
criteria, and non-uniform preparedness levels should not translate into discrimination
against those lagging further behind. In terms of relations with Russia, Poland (and Central and Eastern Europe states) has managed to introduce a greater level of sensitivity as
regards the evolution of the political, economic and social situation in the country. Russia
is increasingly more often treated as a challenge faced by the European foreign policy34.
In terms of Euroatlantic affairs, Poland has contributed to the continued presence of the
United States in Europe, although the American military intervention in Iraq, and the
involvement there of some other states, including Poland, has been seen as a source of divides. The objectives and concept of Polish involvement in the European security and defence policy has been evolving. Poland has primarily supported the proposals to equip the
EU with effective emergency response mechanisms of both civilian and military nature.
The ESDP as agreed on largely reflects Polish proposals. Certain doubts notwithstanding,
Poland has become involved in the development of the EU military capabilities35.
A demonstration of the effort to bring Polands position to the level enjoyed by
the remaining member states was the successful completion of the attempts to have the
seat of the European Agency for the Management of Operational Cooperation at the
External Borders (so-called FRONTEX) located in Poland, which was the decision of the
Justice and Home Affairs Council in April 2005. The agency started its work on 1 May
2005 and was the first, out of several EU agencies, with its seat in a new member state.
Poland has been traditionally sceptical about the concept of flexible integration,
which meant deeper integration within a group of member states outside the institutional framework of the EU36. This position resulted from fears of second-class membership,
disintegration and enfeeblement of the EU, that such cooperation could result in. The
discussion on the scenario usually surfaced in emergency situations, e.g. in the context
34
35
36

Polityka zagraniczna i bezpieczestwa Polski, p. 3.
367
368
of problems with the EU treaty ratification. Stronger Polish position in the EU will be
contributed to by the accession to the eurozone, being the symbol of Polands inclusion
in further stages of integration. Poland has already initiated actions in this respect, drafting, in October 2008, a road map for adopting the EUR by Poland, which tentatively
provides for the accession of Poland to the eurozone on 1 January 2012.
Polish European policy operational dimension

When summing up five years of Polish presence in the EU, it is also worth looking
at the membership in the operational dimension. To what extent has Poland familiarised
itself with the rules of the European game? How has it strengthened and utilised its
potential? Has it managed to establish alliances and conduct negotiations effectively?
What is the resultant Polish position in the EU?
When analysing answers to these questions, we should remember that the five
years has been a time of learning the complex decision-making process, both the formalities and informalities. This initial period of Polands membership, similarly to other
EU acceding countries, has been devoted to the consolidation of the states presence in
the EU structures and mechanisms. With the passage of time and with the experience
accumulating, we can speak of Polands emancipation in the EU. The process, already
present, should continue, and an important maturity test will be Polands presidency
in the EU falling on the second half of 201137.
As compared to the pre-accession process, marked by the focus on priorities and
strategic thinking, the post-accession European policy was more pragmatic and flexible.
A drawback of the initial period of the participation of Poland and other acceding countries in the EU work was their involvement in the legislative process at a late stage only38.
At the initial stage, Polands attitude was often responding than taking the initiative,
however as the learning process progressed, the state grew more active and forwardthinking. The concept of the Eastern Partnership, put forward by Poland, or Polands
input to the work on the EU strategy for the Baltic Sea in 2008 go on to show that there
have been positive changes in this respect and that Polands attitude has increasingly
more often been proactive and innovative.
37
38
368
More on Polands preparations for the presidency in the chapter Managing the process of Polish membership of the EU.
P. wieboda, Polska polityka europejska., p. 25.
369
An important component of effective operation in the EU is the skill to win supporters for the states initiatives and to build coalitions. Over the five years of membership, Poland has been a member of numerous coalitions, which are usually of dynamic
nature in the EU, depending on the characteristics of an issue they are built around.
Poland was a member of the friends of the cohesion policy group, formed during the
budget negotiations in 2005. It also attended informal meetings of the friends of the
community method group that took place in the first half of 2007, in relation to the
preparations for the entry into effect of the Treaty of Lisbon (suspended following the
failure of the referendum in Ireland in June 2007).
A prime example of an effective coalition that Poland brokered was a group of
nine states from Central and Eastern Europe, formed in relation to the work on the energy and climate package in 2008. The meeting, organised in December 2008 in Gdask
with Prime Ministers of Hungary, Czech Republic, Slovakia, Lithuania, Latvia, Estonia,
Bulgaria, Romania, Poland and President Nicolas Sarkozy (France held the EU rotating
presidency in that time) confirmed Poland's role as an active participant in the negotiations and the group's leader. The growing experience is accompanied by an improvement in effectiveness of coalitions of new member states, also under the Visegrad
Group39. A factor that potentially enhances cooperation under the group is the prospect
of the presidency of three out four of its members (Czech Republic: first half of 2009,
Hungary: first half of 2011, Poland: second half of 2011).
The enlargement brought with it significant qualitative change in decision making
process, to which Poland had to adjust. The shift of the centre of gravity from a multilateral format to a bilateral one coincided with a qualitative improvement in Polands relations
with many partners in the European Union. As discussed before, European cooperation
provided a new stimulus invigorating the work under the Visegrad Group, somewhat sluggish at the beginning of this century. Similarly, it intensified contacts with such key partners as France, Germany, the UK, although it appears that there is a significant potential
for developing cooperation with those countries, notably with our neighbour to the west.
An important dimension of Polands presence in the EU was the work of Polish deputies to the European Parliament. Their effort has been very robust, and they have gradually evolved from specialising in Eastern policy affairs into focusing on other, most important
strategically issues of EU policy, such as energy, climate, science and research. The impact of
Polish deputies to the European Parliament on European policy has therefore been notice39
More on cooperation in the Visegrad Group in the chapter Regional cooperation.
369
370
able. Nevertheless, it should be underscored that Polish MPs focused on non-legislative areas40. The growing role of the European Parliament and its increasing competency in terms
of lawmaking is the potential that is worth exploring. By and large, there is significant room
for better cooperation between Poland and its representatives in the European Parliament.
A permanent flow of information on Polands positions on individual matters, lobbying
actions among Polish deputes, as well as deputes from other states represents an important
challenge and task for the subsequent years of Polish presence in the EU.
Another factor that affected the quality of Polish membership was the presence
of Polish citizens in the EU institutions, notably the European Commission. The change
of employment status of Polish citizens in the EU institutions was a subject of continuous
monitoring and assessment. The European Committee of the Council of Ministers has
been adopting half-year reports on the employment status, formulating conclusions based
on current data and tendencies as they unfolded. According to the state as at January 2009,
there were 1180 Polish citizens employed at the European Commission in total (including
788 officers, 222 fixed-term employees, and 170 contract staff). Thus, 75.1%. of the total
quota of 1341 positions allocated to Poland was met by 201041. The rate, however, (given
the period allowed for the fulfilment of the quota) must be regarded only as moderately
satisfactory. Reservations relate primarily to the filling of independent and higher positions, such as the positions of directors or chief advisors. The degree to which the available positions allocated under this category were filled totalled 56.5% (9 out of 16). The
results of recruitment for medium-level managerial positions are clearly unsatisfactory,
as only 36.5% of head of unit positions were filled (27 out of 74). Increased presence of
Poles in the EU institutions will pose an important challenge for the next two years, in
particular that the deadline for filling the Polish pool of positions expires on 2010.
Other challenges that Poland will face in the next years to come is the determination of what its interest are at the earliest possible stage of work on draft legal acts (possible at the European Commission stage), communicating the Polish position to its partners
and gaining support for its viewpoint. The perceptions on Poland by the partners and
Polands image in the media have not always reflected the reality. In general, it appears
that the importance of Polands image abroad has been underestimated by our country.
Discussion with J. Protasiewicz, P. Nowina-Konopka, K. Bachmann and J. Techau at the conference Consequences of the enlargement European Union
five years later, organised by the Center for International Relations, in cooperation with e.g. the Office of the Committee for European Integration, Warsaw,
4December 2008.
41
Only the European Commission, in the Communication from Vice-President Kinnock of 14 February 2003 (COM(2003)436) specified the pool of workers from
individual member states that it planned to employ. Over 7 years (i.e. by 2010), the European Commission should employ 1341 Polish citizens of the total number
of 3441 employees from the new member states.
40
370
371
It is not easy to define and assess Polands position in the EU as there are no clear-cut criteria and indexes that may unequivocally measure the impact and position of
a state. Therefore, the assessment is often relative and subjective. Also, a states position
is not permanent and unalterable. Positions that states adopt and their actions modify
the European rankings as they occur.
Attempting at an assessment of Poland in the EU after five years of its membership, it is worth referring to a study commissioned by APCO Insight Polska in 2008.
According to the study, Poland comes as the most effective and influential member state
from among 12 new members that acceded to the EU in 2004 and 2007. Poland ranked
sixth when all EU-27 states were taken into consideration, coming behind Germany,
France, UK, Spain and Italy, and ahead of the Netherlands42. Polands support for Eastern
Europe states has met with positive comments, similarly to the level of competence of
Polands representatives in the EU. On the other hand, among areas for improvement
as viewed by the respondents, there were constructive attitude and communication
of the states positions.
Chart 2. Assessment of EU-12 states effectiveness
Question: Which of the twelve states that acceded to the EU over the last five years is the most effective
in your opinion?
Poland
None
Czech Rep.
Slovenia
Impact and
effectiveness in the EU
Hungary
Estonia
Slovakia
Lithuania
0
10
20
30
40
Source: APCO Insight survey, results available at www.apcoworldwide.com.

APCO Insight, available at www.apcoworldwide.com; Survey conducted among influential persons in the European Union (e.g. politicians, officials and journalists) at the turn of July 2008 and published on 16 September 2008.
42
371
372
In turn, Poles were much less enthusiastic about the position of their country in
the EU. The results of the surveys conducted by Gfk Polonia commissioned by UKIE in
November 2008 show that 64% of the respondents regarded Poland as being in the group
of states with an average position and average influence on the EU. 27% were of the opinion that Poland had the least influence, with a mere 3% evaluating Poland as a country
with the strongest position and greatest influence in the EU43.
Conclusions
In the symbolic terms, the EU enlargement marked the unification of the continent and brought an end to the era of divisions. However, this is not the only aspect to be
taken into account. In the global context, it consolidated the potential and international
position of the European Union, rendering it a stronger player in the international arena.
From the geopolitical viewpoint, a new situation emerged in Europe as a result of the
enlargement. In terms of foreign policy, the centre of gravity in the enlarged EU clearly
moved in the north-eastern direction. At the same time, the EU enhanced its transformation potential. Adaptation processes triggered off by the enlargement have also changed the new member states as well as resulted in substantial changes in the EU itself. The
new members brought with them to the EU their specific interests and experience, affecting the internal dynamics of the integration process. Mechanisms of political solidarity
emerged high on the agenda. The enlargement expanded the EU in terms of territory,
but its internal diversity also increased, in particular in terms of social and economic potential. It should be underscored that the accession of new member states and the status
of European cooperation over the five years has proven that the enlargement policy was
and still remains the policy with the greatest impact and power to make things happen.
Thus, the policy should continue to be pursued.
The enlargement did not bring the decision making process in the EU institutions
to a standstill, nor did it shake the culture of compromise and consensus. Institutions,
mechanisms and member states adapted themselves to the new conditions and a greater
number of participants in negotiations. The qualified majority voting principle gained
ground at the expense of markedly reduced application of the unanimity principle. Also,
the importance of the non-formal component has grown in negotiations and bilateral re43
372
Monitoring GfK Polonia, survey commissioned by DA UKIE, November 2008.
373
lations between the states. Although the enlargement increased the number of small and
medium states in the general number of states, it also increased the demand for political
leadership, with the biggest member states emerging as the natural, potential leaders.
The tendencies in favour of intergovernmental cooperation have also intensified.
The main priority of Polands European policy in 20042009 has been to maximise the opportunities resulting from the EU membership costs and to adapt in a smooth
manner, to the realities of being a member state. Also, Poland concentrated its efforts on
achieving a strong position of an influential member state, with ambitions commensurate
with its size and socio-economic potential. Poland has attempted to participate actively
in the EU work, including the crucial debates: the financial, treaty, climate and energy
debates, as well as those pertaining to the individual policies. This proves that one of the
key benefits of the accession to the EU has been the opportunity to influence the EU reform process and to accommodate it to the challenges of the reality that Europe faces.
The first five years of Polands membership of the EU have brought a sizeable list
of opportunities used by Poland44. Poland ranks among the biggest and most influential
member states. In certain periods of 20042009, Poland has had a disproportionately
greater influence than its economic development level would indicate. It appears, however, that playing the role of a big member state and at the same time lagging relatively
far behind in terms of development, as compared to other EU-5 states, will be a formidable challenge for Poland. Poland will have to answer the question whether it wants to
be, first and foremost, a big, or a poor state. The answer to this question will determine
the qualities of Polish presence in the EU in the next years to come. Also, Poland is facing other challenges and opportunities to improve the quality of its membership. The
examples of actions that should be taken is quicker determination of its interests at the
earliest possible stage of work, better communication of Polish position to its partners,
building alliances with states with similar views, improved cooperation with MPs in the
European Parliament.
The accession to the EU cannot be treated as a remedy to all problems. Nevertheless, both the general public and political elites positively evaluate the enlargement and
Polish presence in the EU. The free ride ticket on account of inexperience in the EU has
expired, though, and Poland is facing other important tasks, including the priority, that
is the presidency in the EU in 2011. The presidency is the key tool to exert influence on
the EU that Poland will have in the next years to come.
44
P. wieboda, Polska polityka europejska., p. 28.
373
374
Summing up the initial years of EU membership, it is worth planning the actions

for the coming years and selecting the strategic priorities. The starting point will be to
analyse the development of the future political agenda of the EU and indicate areas where the integration process is likely to be intensified. Undeniably, the external, or global
dimension of individual policies and processes should be taken into account to a broader
extent, as these are aspects that increasingly more affect the agenda of the EU work. The
success of the EU and Poland in it goes on to show that the only reasonable strategy is
to enhance and develop European integration. It simply offers enormous and tangible
benefits to everybody.
374
375
Poland and Eastern neighbours

The enlargement of the European Union in 2004 to include eight countries of
Central and Eastern Europe (EU-8) brought hope of defining the EUs Eastern policy
anew. For Poland, membership was on one hand meant to provide a chance to more effectively pursue its interests and on the other to become a new foreign policy instrument.
In the course of the following five years Polands open approach towards the deeper integration of Eastern European countries45 with European structures was confronted with
a more cautious attitude of EU-15 states. This process developed rapidly and still has to
find its conclusion, however it is possible to draw preliminary conclusions.
From the moment of enlargement, EUs cooperation policy with bordering countries was based above all on the European Neighbourhood Policy (ENP). However, this
policy covers not only the EUs Eastern partners, but also the countries of South Caucasus and the Mediterranean. As reflected in the contents of this chapter, it is mostly the
Eastern dimension of the ENP that is of priority to Poland.
In the context of EUs external relations an important and extraordinary case is
Russia. This country decided not to participate in the ENP, arguing that relations between Russia and the EU have a decidedly different character than with the remaining
neighbouring countries. Therefore, EU-Russia relations are based on the so-called four
areas of cooperation and are described as a strategic partnership. Inasmuch as the ENP
is the frame of reference for this chapter, the main emphasis will be placed on the analysis of the development of the relations with countries involved in the ENP. This does
not mean, though, ignoring the influence of Russia on the nature of these relations. It is
obvious that Russia, as a direct neighbour, engages itself in the process of defining the
shape of the relations of these countries with the EU.
The notion of the countries of Eastern Europe is variously defined. Here, the Eastern European countries are Belarus, Ukraine, Moldova and to an extent Russia,
according to a classification on cultural criteria (in this case, the sphere of Byzantine-Orthodox culture).
45
375
376
From the Polish perspective, cooperation with the

countries of Eastern Europe
is often perceived as a policy
of further enlargement of the
EU to the east. It needs to be
emphasized that none of the
eastern EU neighbours is formally covered by the enlargement policy. In this context, it
is important to underline that
this chapter above all concerns
fig. TADEUSZ KROTOS
the development of the neighbourhood policy. This approach is in accordance with the priorities of Polish foreign policy. Poland, despite aiming at inclusion of Ukraine in European structures, abandoned
the unconditional offering of the EU membership perspective to Ukraine and increased
its efforts towards cooperation in specific areas.
The influence of enlargement on the EUs Eastern policy

Up to 2004, the EUs Eastern policy was shaped, above all, by the process of enlargement to include the countries of Central and Eastern Europe. The strategic partnership
between the EU and Russia was also of importance. The shift of the EU boarders to the
east meant that the EU was faced with the necessity of redefining its relationship with
the countries of the Commonwealth of Independent States. Initially, two conflicting
objectives were pursued. The EU aimed at actively shaping the situation in the Eastern
European countries essential on account of their geographical proximity and political
importance in the new reality of a 25-state Union. At the same time maintaining a limited level of engagement above all on account of the geopolitical significance of this area
for Russia was also a priority. The EU-15 were not keen to maintain the pace of the
enlargement process, justifying this also by the limited capabilities of the EU itself46.
See K. Peczyska-Nacz, M. Kaczmarski, Polityka wschodnia UE i rola Polski w jej ksztatowaniu po rozszerzeniu w 2004 r. [The EUs Eastern policy and Polands
role in shaping it after the 2004 enlargement], Centre for Eastern Studies, Warszawa 2009, p. 2.
46
376
377
In May 200447 the European Commission, aware that expanding the borders of
the EU must not lead to another lasting division on the continent, and taking into account the above-mentioned objectives, put forward the concept of the European Neighbourhood Policy. It was the Commissions intention that the ENP made it possible
to tighten relationships between the EU and individual countries without putting forward a clear membership perspective. It should at the same time be emphasized that
the Eastern dimension in terms of the ENP was not given a high priority. The ENP also
covered countries of the Mediterranean, which, unlike the nations of the CIS, also took
part in the Barcelona Process48 enabling closer cooperation. In 2004, the Eastern dimension of the EUs foreign policy (relations with Russia had a separate dynamic) was thus
clearly weaker than the Southern aspect.
Regardless of the criticism from the new EU members, the ENP became the
main instrument of the EUs Eastern policy. Gradually, EU institutions perceived the
necessity of modifying the main foundations of the ENP, partly in accordance with Polands proposals. Nevertheless, the ENP still constituted the main framework for cooperation with the nations of Eastern Europe.
The ENP currently covers 16 states49 of the Mediterranean, South Caucasus and
Eastern Europe. Countries on the path to EU membership, above all the Balkan states,
are not included in the ENP. The ENPs main goals are strengthening the stability, security and prosperity of the EU and its neighbours. The ENP was based on extant bilateral
agreements between the EU and individual countries50 and, initially, the creation of new
institutions and international agreements was not foreseen. A central instrument of the
ENP is the Action Plan drawn up by the EU and each individual state. Action Plans
contain an agenda for political and economic change which a particular country should
introduce in order to tighten its relations with the EU. In 2004 such a definition of aims
and methods of cooperation with the countries of Eastern Europe seemed sufficient.
From the Polish perspective, though, it entailed a clear division of neighbouring countries into those with membership perspective (the Balkan states), and those not consiSee European Neighbourhood Policy Strategy Paper, European Commission COM(2004)373, Brussels 2004 (http://ec.europa.eu/world/enp/pdf/strategy/strategy_paper_en.pdf).
48
The Barcelona Process, established in 1995 covers 27 EU member states and 12 Mediterranean countries. It is based on multilateral and regional actions and its
primary objective is the political stability of the region. In 2008, the Barcelona Process was strengthened by the Union for the Mediterranean Communication,
envisaging further development of cooperation.
49
The European Neighbourhood Policy covers: Algeria, Armenia, Azerbaijan, Belarus, Egypt, Georgia, Israel, Jordan, Lebanon, Libya, Moldova, Morocco, Palestine, Syria, Tunisia, Ukraine.
50
In the case of Mediterranean countries these are mostly Association Agreements, in the case of Eastern European countries they are Partnership and Cooperation
Agreements. The requirement of a bilateral agreement means that, among others, Belarus is not a member of the ENP as it doesnt have a bilateral agreement
with the EU.
47
377
378
dered as potential EU members in the immediate future. Poland regarded discussions on

the ENP as an attempt to push back Ukraines prospects of membership. In exchange, as
early as in 2003 the broader concept of the so-called Eastern Dimension was put forward.
However, Polands efforts still then an inexperienced EU member state were not welcome by the EU-15 and went beyond the bounds of the discussion.
In following years, the political situation in the region developed dynamically
enough to force the EU to respond to the growing challenge in the area of Eastern policy.
The changing geopolitical situation in the region and the growing assertiveness of Russias foreign policy influenced the EUs position. Under the presidency of Vladimir Putin,
Russia became an ever less predictable partner for the EU. Incomprehensible actions,
also connected with Russias reluctance towards extending the existing Partnership and
Cooperation Agreement to the new EU countries, or its deviations from democratic
standards51 influenced the significant changes in relations along the EU-Russia line. In
this context, the events in Ukraine in 2004 and Georgia in 2003 (the so-called colour
revolutions) should be seen as further indicators for a revision of the Eastern dimension
of the EUs foreign policy. Processes of a radically different nature, i.e. the ongoing authoritarianism in Belarus, also strengthened the feelings among a part of the European
elite that the EUs Eastern policy needs to be more active. It also became obvious that
the security of EU member states depends to a large extent on the situation in third
countries, as demonstrated by e.g. the first gas crisis in Ukraine following the orange
revolution at the turn of 2006.
The ever-increasing experience of the new member states in the area of EU
cooperation also influenced the development of the ENP. Poland, together with the Baltic countries, presented their arguments more effectively in EU forums. Despite certain
exceptions, such as the building of the Nord Stream gas pipeline, the postulates of the
new member states were reflected in the evolution of the EUs foreign policy. The countries of Eastern Europe gained significance in the eyes of the European elite as separate
addressees of EU foreign policy.
As a consequence of the increasingly difficult partnership with Russia, the voice
of the new member states, together with the changing geopolitical situation, the EU
slowly began to abandon the Russia first policy i.e. perceiving cooperation with CIS
countries from the perspective of potential irritation in Moscow, thus enabling a siThese tendencies are confirmed by reports from independent non-governmental organisations, including Freedom In the Word 2006, National Report: Russia,,
Freedom House 2006, www.freedomhouse.org.
51
378
379
gnificant increase in the engagement of EU diplomacy in these countries and gradual

evolution of the ENP. In this context, EU enlargement provided an impulse towards
crafting a new Eastern policy. It should be emphasized, though, that the changes in the
regions geopolitical situation were of fundamental importance. Despite Polands success
in rendering the EUs policy towards Russia sounder, one should not overestimate the
actual role of Poland and enlargement on initiating the process of revision of the ENP.
Simultaneously, Poland had a measurable influence on defining the new goals of the
EUs Eastern policy.
On a political level, the EU appreciated the geopolitical role of the region of
Eastern Europe, which brought with it a change in position on the crucial issues. The EU
engaged directly in the democratisation of Eastern European states and in the resolution
of regional conflicts. The EUs objective became the expansion of the area of common
European values eastwards and creating durable relations with countries in this area. For
the countries of Eastern Europe, this was intended to be a chance for deeper integration
with EU structures. Such a list of objectives demanded a clear revision of EU policies.
In 2006, the European Commission started work on a new formula for the ENP52,
arguing that the hitherto solutions pose significant challenges to cooperating countries
without generating the relevant encouragement. The effectiveness of the ENP was limited, as third countries incurred costs in implementing programmes while the prospect
of gains associated with closer cooperation with the EU receded. In the face of these
difficulties, in 2007 the European Commission put forward a range of proposals for development of the ENP53:
l
further economic integration through the creation of extended free trade areas;
l
intensified interpersonal contacts, including simplified visa procedures;
l
actions to solve regional conflicts (Transnistria, Nagorno-Karabakh, South Ossetia or Abkhazia);
l
cooperation in sectors, including energy;
l
participation of ENP countries in Community programmes and agencies;
l
increased range of financing, including the establishment of the Neighbourhood
Investment Facility54.
See On Strengthening The European Neighbourhood Policy, European Commission COM(2006)726, Brussels 2006 (http://ec.europa.eu/world/enp/pdf/com06_
726_en.pdf).
53
See A Strong European Neighbourhood Policy, European Commission COM(2007)774, Brussels 2007 (http://ec.europa.eu/world/enp/pdf/com07_774_en.pdf).
54
The ability to finance investment in selected sectors (above all energy) was approved at a political level during the session of the European Council on 26 January 2009.
Also the proposal of the European Commission presented as part of the Second Strategic Energy Review envisaged greater engagement of funds from the Trans-European
Networks programme for financing investments in third countries. See, among other things, the press release from the EU press service, entitled Member States reinforce
European Commission efforts to fund infrastructure projects in the EU neighbourhood (http://europa.eu/rapid/pressReleasesAction.do?reference=IP/09/128).
52
379
380
The European Commission also proposed deeper cooperation on a basis of increased differentiation, resulting from the varying aspirations of cooperating countries.
The ENP became a more flexible instrument, enabling relatively far-reaching cooperation with the most ambitious partner countries. The need to work out formulas for
multilateral cooperation, based on the experience of cooperation with Balkan countries,
was also perceived as pressing. The experience of these countries showed that multilateral regional cooperation formed an excellent addition to bilateral agreements between
the EU and a partner country and resulted in the increased effectiveness of the EUs
foreign policy55.
The inclusion in the ENP of a more flexible approach to selected partners, as
well as opening the path to broader regional cooperation can be considered as a Polish
success. This approach by the European Commission formed the foundation for the EUs
proposals for the Mediterranean and the Eastern Partnership a new initiative, strengthening the Eastern dimension of the EUs foreign policy.
An analysis of the ENPs financial aspect reveals the wider engagement of the
EU in an active Eastern policy and confirms the political will to give a new dynamic
to relations with the countries of Eastern Europe and South Caucasus. As part of the
European Neighbourhood and Partnership Instrument ENPI56, operating since 2007,
the funds allocated have increased57 for six Eastern ENP countries, Armenia, Azerbaijan,
Belarus, Georgia, Moldova, Ukraine and also Russia58. Furthermore, the disproportion
decreased in the amount allocated for Europes Southern neighbours and that allotted for
assistance programmes in Eastern countries. At the same time it was agreed that in the
years 20072010 for every EUR spent on Eastern European countries more than three
EUR would be spent on Southern countries, which seemed the maximum that Poland
could achieve. Despite reducing the disproportion in the allocation of funds, the above
proportions realistically reflected the role of the Eastern policy within the EUs entire
foreign policy.
In the course of the five years since the enlargement, the EUs Eastern policy at
least on the level of declarations has undergone a significant evolution, an expression
See J. Mu, Dowiadczenia wsppracy regionalnej na Bakanach Zachodnich, a nowy obraz wymiaru wschodniego EPS [The experience of regional cooperation in
the West Balkans, and the new face for the eastern dimension of the ENP], Biuletyn Analiz Urzdu Komitetu Integracji Europejskiej 2008, No 21, p. 156.
56
The ENPI was a new financial instrument which met criteria set by the ENP itself, including, conditionality, flexibility, comprehensiveness.
57
As part of the Technical Assistance for Commonwealth of Independent States (TACIS) programme, which until 2007 constituted the basis of assistance programmes,
also for Eastern European countries, the entire CIS and Mongolia, EUR 3.1 bn EUR was allocated in 20002006. The ENPI envisaged 4 bn EUR in 20072013 for
only six named countries and Russia. Source: K. Peczyska-Nacz, M. Kaczmarski, op.cit., p. 11.
58
Russia, despite not participating in the ENP, received funds under the ENPI. Despite the significant growth in funds allocated to assistance programmes for
other countries, Russia received significantly lower funds in comparison to previous years, which could be seen as an effect of the improving economic situation
in Russia as well as a shift in emphasis in the EUs foreign policy.
55
380
381
of which are the new cooperation instruments contained within the ENP. To a large
extent, the EUs Eastern policy has become consistent with the proposals of the new
Community countries, which allowed Poland to more effectively make use of membership in the EU to achieve its own interests in the partner countries of Eastern Europe
and South Caucasus. It should be emphasized, though, that in the period 20042009 the
full translation of political declarations into concrete actions by the EU in terms of its
Eastern policy has not yet happened.
Polands activities in the EU forum

The activities of Poland in the EU forum were consistent with the objectives of
Polish foreign policy. In their Eastern dimension, they have remained almost unchanged
over recent years. In terms of ideas, Poland sought to expand the sphere of values, such as
freedom of choice, free press or free competition to the neighbouring countries of Eastern
Europe, above all to Ukraine and Belarus, states of fundamental importance to Polish
foreign policy. Democratisation in the region became an issue of upmost importance. It
was assumed that to this end it was essential to present these countries with a European
alternative, which in terms of the EU entailed creating institutional frameworks enabling deeper cooperation and the active support of European aspirations through gradual
integration with EU structures. The proposal to reduce the dependence of the EU on the
supply of resources from Russia can be seen as an offshoot of these efforts, as well as of
the policy of counteracting the influence of Russia in the area of the CIS. In this context,
Polish strategy towards the countries of South Caucasus evolved as they are potential
transit countries (Georgia) and supplier countries (Azerbaijan) of energy resources from
the Caspian Sea basin. In the wider view, achieving these objectives demanded that the
EU gave higher priority to the eastern dimension of EU foreign policy.
The first attempts at influencing the EUs Eastern policy were made by Poland
even before joining European structures in 2003, when the idea of the so-called Eastern
Dimension was put forward. The Polish proposal, though, did not find the approval of
EU partners and other countries in the region. The EUs Eastern policy did not initially
reflect the Polish point of view, but in time however evolved in the direction desired by
Poland. Apart from the development of the geopolitical situation, the stubborn efforts of
Warsaw also exerted an influence. Poland consistently presented its position in the EU
381
382
forum, and the Polish arguments fell on ever more receptive ground. A lot of credit in
this was due to the increasing European experience of the new member states.
A further comprehensive initiative, though somewhat more modest in its assumptions, presented in the EU forum following the Eastern Dimension, was the Eastern Partnership. In 2008, Poland and Sweden came out with a proposal59 which was to complement and further develop the ENP and bring about a balance between the Southern and
Eastern dimensions of the EUs foreign policy. The partnership, formally including all EU
member states, assumed the existence of bilateral, multilateral and also regional forms
of cooperation with six countries of the region: Armenia, Azerbaijan, Belarus60, Georgia,
Moldova and Ukraine. Poland, not resigning from its postulate of offering Ukraine the
membership perspective, proposed the development of cooperation on a working level.
At the same time, the concept put forward was entirely based on the priorities set out by
the ENP and remained open towards cooperation with Russia. After accepting the general
framework of the proposal by the European Council, the European Commission presented the main assumptions of the Eastern Partnership programme in December 200861.
The Commissions proposal, in line with the ENP, went however beyond the
framework of this policy and created an opportunity for giving the Eastern dimension of
EU foreign policy particular significance. The Eastern Partnership became a programme
which opens up opportunities to redefine relations with the EUs eastern neighbours
and give them a new dynamic. The clear political signal that the EU sent to its partners
was important: [] The Union has a vital interest in promoting better governance and
economic development through a determined engagement in its neighbourhood []62,
and The Unions policy towards them [participants in the Eastern Partnership] must
be proactive and unequivocal: the EU will give strong support to these partners in their
efforts to come closer to the EU and will give all necessary assistance []63. Despite the
fact that the European Commission assumed the parallel operation of the Eastern Partnership and the strategic partnership with Russia, the region of Eastern Europe became
a separate addressee of EU policy. Also, on a working level, the Partnership, in the form
proposed by the Commission was meant to give relations with Eastern partner countries
a new dynamic. Cooperation was meant to be carried out in crucial areas: institutions
See Propozycja Polsko Szwedzka Partnerstwo Wschodnie [A Polish-Swedish Proposal the Eastern Partnership], http://www.msz.gov.pl/Propozycja,PolskoSzwedzka,19890.html.
60
Depending on the development of the situation in Belarus, above all in the area of respecting human rights and democratisation of the regime.
61
See The Eastern Partnership, European Commission COM(2008)823, Brussels 2008 (http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0823:
FIN:PL:PDF).
62
Ibid., p. 17.
63
Ibid., p. 2.
59
382
383
and democracy building, establishment of free trade areas, increasing energy security
and improving relations between people. The Partnership, being at the same time a comprehensive programme for the EUs Eastern policy, was meant to lead to a strengthening
of cooperation in the region. In the best case, the Eastern Partnership gave a chance
of creating a new political space whose axis would be cooperation with the European
Union. From the point of view of CIS countries, it would represent a fundamental shift
in the emphasis of foreign policy.
Poland owed the positive reception of the Eastern Partnership to the overall
political context and the appropriate formulation of the proposal. Firstly, Russian foreign policy became more assertive, which along with the simultaneous limited interest
in the region from the USA (at least as far as Ukraine and Belarus are concerned) and
the ever greater destabilisation of the political situation of countries in the region,
forced the EU to intensify its activities. The Georgia-Russia conflict was of particular
significance, demonstrating again that the EUs security depends on the stability of neighbouring countries. Secondly, Poland abandoned its criticism of the strategic importance of the southern dimension of European neighbourhood, which was negatively
viewed by some of the old member states. Fearing that the development of relations
with Mediterranean countries would slow the process of developing cooperation with
the East, Poland above all wanted the EU to recognise the strategic importance of
Eastern Europe region. A more balanced approach to this matter, including a positive
attitude towards the Union for the Mediterranean, paradoxically resulted in a greater
openness of EU partners to accept Polish priorities64. In addition, Poland put forward
an offer better suited to the realities of the EU. The Eastern Partnership followed the
priorities set out by the ENP, placed emphasis on cooperation in the medium term,
without taking enlargement for granted and without providing for the establishment
of new EU institutions. It seems that the pragmatic stance of this initiative contributed to its success. The experience of the Swedish as partners in presenting the Eastern
Partnership in the EU forum should not be ignored. From the perspective of five years
of membership, the Eastern Partnership was undoubtedly Polands greatest success in
terms of EU foreign policy.
The Eastern Partnership, creates an opportunity for increased engagement dependent on mutual ambitions and actions taken. This concerns both neighbouring and EU
In this context the Eastern Partnership should not therefore be treated as an alternative and a response to the Union for the Mediterranean initiative, where the
efforts of the French President N. Sarkozy regarding countries of the Mediterranean were then used in the Polish initiative.
64
383
384
countries which, for obvious reasons, are marked by divergent strategic activities in terms
of European neighbourhood. Polish foreign policy placed particular importance on Ukraine. Following the orange revolution, Polish efforts towards closer integration of Ukraine with EU structures intensified. The engagement of the EU, pressed by the European
Commission during the events of the orange revolution, gave hope for a new opening.
This optimism was also confirmed by the resolution of the European Parliament passed in
January 200565 calling for presenting Ukraine with a clear European perspective. Despite
support on the side of the European Parliament, in the succeeding years the EU leaders
under the clear pressure of some EU-15 countries were unable to reach consensus in
terms of recognising Ukraine as a future member of the EU. Polands efforts have not led
thus far to a breakthrough in the general thinking about Ukraines membership.
At the same time, Polands accession to the EU brought a significant advance in
EU-Ukrainian relations in terms of assistance programmes, administrative support or sectoral cooperation. Poland on one hand influenced the remaining countries of the EU in
taking such decisions as facilitating visa traffic; on the other, as a member of the EU, it
developed programmes of direct cooperation with the Ukrainian administration for it to
meet the requirements of the EU66. In the face of a lack of political will to begin the longterm process of integration, taking concrete actions in terms of EU-Ukraine cooperation
seemed more effective. In this context, the expansion of relations with Ukraine outside
the framework of the European Neighbourhood Policy was significant, as encompassed by
the Eastern Partnership proposal. Also in the case of Moldova, a leader in twinning cooperation with Poland67, the new offer of the Eastern Partnership had a measurable impact.
In relation to Ukraine, though, it should be noted that this countrys route to the
European Union will be neither easy nor quick, and will certainly be different from that
of Poland. In this respect, a fundamental change resulting from the new EU-Ukraine
association agreement is not to be expected. The example of the Balkan countries shows
that referring to a potential membership in such agreements is more of an exception
rather than the rule68. Simultaneously, it should be noted that the new agreement recalls
in its structure the Europe Agreement, signed also by Poland in 199169. The prospects of
Item 14, European Parliament Resolution on the results of the Ukraine elections, 13 January 2005.
E.g. collaboration in building administrative structures for European integration in Ukraine letter of intent from March 2008.
More on this in the chapter Improving public administration.
68
Decidedly more important in terms of accepting a country as a candidate are the decisions made in the European Council than basing an association agreement
on a specific article of an EU treaty. See S. Rodin [in:] The European Union and its Neighbours, ed. S. Blockmans, A. azowski, Cambridge University Press, Cambridge 2006, p. 368.
69
See A. Mayhew, Ukraina a Unia Europejska: Finansowanie przyspieszenia integracji [Ukraine and the European Union: Financing accelerated integration],
Warszawa 2008, p. 99.
65
66
67
384
385
EU membership for Ukraine also rest aside from the obvious geopolitical issues on
the EUs absorption capacity. At the same time, it is difficult to define the final shape of
the ties between Ukraine and the EU in the future.
An equally important priority for Polish foreign policy in recent years were attempts towards democratising Belarus, which were in the long-term to contribute to
strengthening that countrys ties with the European Union. Polands activities in this area
were limited in scope in view of persistent violation of human rights by Minsk. Membership of the EU did give Poland and other interested new member countries a chance to
put forward the Belarus cause in European forums. A symbolic reflection of this was the
creation in 2004 of a separate Belarus delegation in the European Parliament. In 2006,
the European Commission submitted to the Belarusian side a so-called non paper entitled
What the European Union could bring to Belarus?70 which went unanswered by the
Belarusian authorities. This offer was to be repeated though in the coming months and
to present the measurable economic advantages in return for progress in introducing
democratic reform. Such interest from the Commission would not be possible but for
the pressure from the new member states. The enlarged Union on the one hand gained
expert knowledge from, among others, Poland, on the situation in Belarus, and on the
other, as a direct neighbour with a massive market, could put forward a realistic offer of
help in economic development. Action on this scale would not have been possible before
enlargement. A 27-nation Union took a more active approach to the situation in Belarus
and reacted better to the difficult challenges there. The frequent presence of the leaders
of the democratic opposition in Brussels is a good illustration of the appreciation of the
role of Belarus in the EUs foreign policy71. In terms of support for the civil society, the
EU allocated funds for the establishment of an independent radio news service, or for
grants for repressed students. The Eastern Partnership despite excluding the full participation of Belarus without carrying out democratic reforms allowed the possibility of
cooperation at a technical and expert level. More importantly, in the geopolitical dimension the EU became for Belarus a counterbalance for Russian influences based on other
values. Polands accession to the EU had, however, certain adverse consequences for Polish-Belarusian social relations. The Schengen visa regime made contact between people
more difficult, and the EU didnt include Belarus in its liberalised visa system unlike
See http://ec.europa.eu/external_relations/belarus/intro/non_paper_1106.pdf.
In 2006, Aleksandar Milinkevich, an ex-candidate in the presidential elections and one of the leaders of the Belarusian democratic opposition, connected with
the movement For Freedom, was awarded the prestigious Andrei Sakharov award by the European Parliament, commemorating the leader of the Soviet dissidents and laureate of the Nobel Peace Prize.
70
71
385
386
Ukraine or Russia. For the citizens of partner countries the ease with which borders can
be crossed has a special, symbolic significance72.
Together with the growth in the importance of energy security policy, the Polish attitude to the countries of South Caucasus underwent a change (Georgia, Armenia,
and Azerbaijan). Of key significance in this area were the crises in gas supplies from
the East at the turn of 2006 and 2009. The enlarged EU quite severely felt the effects of
disruptions in the supplies of gas, where the majority of the new member states are
practically 100% dependent on supplies from a single source. The hegemony of Russian
suppliers in Central and Eastern European nations thus became a challenge for the entire
European Union. Each member state in reality bears responsibility for its own security
of supplies, but the solutions and actions on the level of individual countries turned out
to be frequently insufficient or even leading to a threat to the security of other EU members. In terms of the EUs foreign policy it led, at least in terms of declarations, to the
development of a common energy policy. The action plan of the Second Strategic Energy
Review73 strengthened the policy of seeking resources from the countries of the Caspian
Sea region and proposed the expansion of the Energy Community to include Ukraine,
Moldova and Turkey. The Eastern Partnership provided for an intensification of relations with Eastern European and South Caucasus partners in terms of energy security. It
anticipated the creation of a platform for energy security a new forum for bilateral and
multilateral collaboration, and also the inclusion of clauses in new agreements regarding
energy interdependence.
It should be emphasized that the solutions put forward by the Commission were
not entirely satisfactory from the Polish point of view, but they nevertheless represented
a significant step forward. Unfortunately, from the enlargement perspective, the lack of
the effective Europeanization of energy security policy has to be viewed as a negative
development EU countries still dont speak with a single voice. Bilateral agreements
between countries, as in the case of the Nord Stream or South Stream Pipeline, could
lead to damaging of the efforts of the Commission and certain member countries towards
diversifying the sources of supplies of energy resources. In this sense, the expectations
that expansion of the EU would strengthen Polands position in talks with the Russian
side were overestimated. However, the chance of better cooperation between member
countries in the future is not to be ruled out. Undoubtedly, the arguments of the new
See the chapter Bezpieczestwo wewntrzne i przystpienie do strefy Schengen.
See the Communication on the Second Strategic Energy Review an EU energy security and solidarity action plan, European Commission COM(2008)0781,
Brussels 2008, UE http://eur-lex.europa.eu/LexUriServ/LexUriServ.do?uri=COM:2008:0781:FIN:PL:PDF.
72
73
386
387
member states are understood increasingly better, and the implementation of any undertaking in the area of energy is complex and time-consuming.
Conclusions
Prior to 2004, the EUs Eastern policy was above all defined by the then ongoing
process of enlargement to include the countries of Central and Eastern Europe. The shift
in the EUs border to the east led to a natural growth of interest in Eastern European countries and forced a thorough evolution of the EUs neighbourhood policy. In this sense,
EU enlargement became an impulse towards the drawing up of new policies towards
Eastern neighbouring countries. Despite the initial limitations of this policy, in successive years its importance gradually increased. The greater number of areas of cooperation,
though, did not, in a political sense, bring the countries of Eastern Europe closer to the
membership perspective. The neighbourhood policy remained an instrument for developing cooperation while delaying the discussion on enlargement. At the same time, even
within the limited framework of the ENP, any political declarations were not actually
reflected in the actions of the EU. From the Polish point of view it seems justified to introduce at least on a general level the differentiation between those Mediterranean
neighbour countries that do not aspire to integration with the EU, and the nations of
Eastern Europe where such aspirations are present. The discussion over the potential
expansion is, however, currently a separate subject for European consideration, which
Poland should be able to make use of to intensify cooperation in specific areas. The current instruments, despite certain imperfections, provide a range of possibilities for the
integration of partner countries. Poland must take a lead in promoting such cooperation
not based on slogans, but genuine actions. A good example seems to be the question
of facilitating contacts between people. The EU, under Polands clear leadership, should
find solutions for difficulties in crossing the border by the citizens of neighbouring countries and aim at establishing a visa-free regime in the region.
Although within a limited setting, the countries of Eastern Europe did however
become separate addressees of EU policy. Moreover, the issue is present in European
political discourse. Parallel to this is the continued dialogue with Russia, which does not,
however, preclude the need for action by the EU and member countries in developing
bilateral relations with the countries of the Eastern dimension of the neighbourhood
387
388
policy. Efforts to abandon the principle of Russia first have brought measurable effects. A factor initiating the changes in the European Neighbourhood Policy was Russias
redefinition of its foreign policy and the political changes in neighbouring countries.
However, without the participation of the Central European states, particularly in the
framework established by the Eastern Partnership, the Eastern dimension of the ENP
would be significantly weaker. It should be emphasized that the Eastern Partnership not
only gives a chance to create a new reality for cooperation with the countries of Eastern
Europe and South Caucasus, but it also confirms Polands growing role in the process of
formulating European foreign policy. Poland is becoming a more experienced player in
the EU and is more effectively looking after its strategic interests.
The good reception of the Polish-Swedish initiative confirms that Poland should
focus its activities on the development of specific cooperation programmes, and not get
involved in an idle discussion on EU enlargement. The key moment for discussion on
EUs potential expansion to the East is yet to come, and the existing deep relations will
be a strong argument in favour of Polands position and for a continuation of the policy
of enlargement. Also on account of the support for the accession in partner countries,
Poland should attach more importance to questions such as visa policy, or closer economic cooperation.
388
389
Regional cooperation
The enlargement of the European Union in 2004 was not without influence on
cooperation in terms of the regional groups functioning in Central and Eastern Europe
and South-Eastern Europe: the Visegrad Group (VG) and the Central European Initiative
as well as in the Baltic Sea region the Council of the Baltic Sea States. The accession of
states belonging to these organisations to the EU led to certain changes being introduced
to their agendas. In some cases, it also affected their rates of activity and stimulated the
emergence of a new dimension of their operations, distinct from the other organisations.
The most fundamental changes have taken place in the Visegrad Group as a result of
accession to the EU by all the members of the group, it took on the nature of an internal
EU grouping. The remaining groups retained a mixed character, gathering EU member
states as well as states not belonging to the Union.
The decisive factor in cooperation as part of a regional group is the sense of the
presence of regional ties. It is not only the political elite that is steered by them, but as
opinion polls have shown, it is also important in terms of public perceptions. This constitutes an additional argument in favour of analysing regional cooperation. According to
public opinion polls, 25% of Poles feel a sense of solidarity with countries in the region of
the Baltic Sea, 24% claim ties between Poland and Central and Eastern Europe, and 18%
think that Poland is closely connected to the Visegrad Group74. Also, it is worth stressing
that for 40% of Poles the strongest link exists between Poland and the EU. Simultaneously, it is an interesting fact that the respondents noticed the other links of a regional or
organisational nature, which justifies actions in the region.
For further discussion on this subject, see M. Pilecka, Wsppraca w regionie Morza Batyckiego w wietle bada opinii publicznej [Cooperation in the area of the
Baltic Sea in the light of public opinion research], Biuletyn Analiz UKIE, No 19, Warsaw 2008.
74
389
390
Table 1. Composition of the Visegrad Group, Central European Initiative, Council of the Baltic
Sea States
Grouping
VISEGRAD GROUP
EU members
Czech Republic, Poland,

Slovakia, Hungary
Non-EU member states
States with observer

status
CENTRAL EUROPEAN
INITIATIVE
COUNCIL OF THE BALTIC

SEA STATES
Austria, Bulgaria, Czech

Republic, Poland,
Romania, Slovakia,
Slovenia, Hungary, Italy
Denmark, Estonia,
Finland, Lithuania,
Latvia, Germany,
Poland, Sweden,
European Commission
Albania, Belarus, Bosnia

and Herzegovina, Croatia,
Macedonia,
Moldova, Montenegro,
Serbia, Ukraine
Iceland,
Norway,
Russia
France, Netherlands,
Slovakia, USA,
Ukraine, UK,
Italy
Source: Authors own based on: www.ceinet.org; www.cbss.st; www.visegradgroup.eu.
Changes in regional groupings following EU enlargement

The accession on 1 May 2004 of eight Central and Eastern European countries
to the EU fundamentally changed the geopolitical situation of the region. The new conditions influenced the redefinition of roles, aims and tasks of the groupings operating
in the region. However, modifications did not take place to the same extent in all these
organisations. Among the three groupings analysed, undoubtedly the most interesting
changes took place in the Visegrad Group. The accession to the EU of all this groupings
member states unarguably affected this.
A characteristic feature of the VG is that prior to the enlargement it went through several crisis situations75. In spite of this, after accession to the EU, its member states
expressed their will to continue cooperation regardless of the list of hitherto strategic
E.g. in 2002 further cooperation under the grouping was under question. The crisis was caused by the severe conflict stirred by the Bene decrees. In February
2002, the Czech Republic and Slovakia failed to attend a VG meeting in Budapest in protest against the remarks of Victor Urban, Hungarian Prime Minister,
suggesting that the Bene decrees were incompliant with EU membership. The EU accession negotiations also revealed a lack of concerted action. The VG states
negotiated individually, pursuing their individual interests. In the period preceding accession to the EU, activities related to obtaining the member status were not
coordinated. The Visegrad Group also failed to work out a coherent position on the EUs future. In addition, the VG experienced a crisis in connection with the
lack of its shared position on the concept of a so-called hard core of the EU, promoted at the time by France, and participation in operations in Iraq. See M.Dangerfield, The Visegrad Group in the Expanded European Union: From Preaccession to Postaccesion Cooperation, East European Politics and societies, vol.22, No3,
p. 647648; J. Gajewski, Polityka Polski wobec regionu rodkowoeuropejskiego [Polish Policy on Central Europe], Rocznik Polskiej Polityki Zagranicznej 2005,
Diplomatic Academy MFA, Warsaw 2005, p. 158.
75
390
391
aims of the group, which was integration into Western structures: with the European
Union and NATO76, having been exhausted. The accession of all the VG countries to
these organisations, however, turned out to be a factor inspiring them to further cooperation. The political approval for the operation of the group is testified to by the increase
in 2005 of the budget for the International Visegrad Fund to EUR 3mln, which entailed
a tripling of the Funds resources in comparison with its initial budget allocated in the
first year after its establishment (in 2000)77.
Certain constituents of the post-accession policy of the Visegrad Group can be
pinpointed which reflect the fact of the accession of all its members to the EU. These
include:
1)
emphasizing the necessity of strengthening the identity of Central Europe within
the EU,
2)
europeanising the agenda,
3)
supporting the transformation process in Ukraine, Moldova and Western Balkan
states, seeking to aid their accession to the EU.
The above constituents were present in the action programme of the grouping
since the moment of EU enlargement. On 12 May 2004, the Visegrad Group, under the
presidency of the Czech Republic, passed a new declaration on cooperation among the
four states following their accession to the EU. The declaration above all emphasized the
desire to continue cooperation and the necessity of strengthening the identity of Central
Europe within the EU, as well as beyond its borders (expressed as VG+)78. Central European identity was an aspect emphasized from the groupings inception, but following
1 May 2004 it took on a new dimension. The regions states began functioning on EU
levels, in which actions undertaken oftentimes depend on support for a given initiative
by a group of states sharing a position on a given issue. States from the same region often
struggle with the same or similar problems, which increases the chances of building an
effective coalition. Hence, in the last five years, all the presidencies of the Visegrad Group aimed at strengthening the cooperation of member states within the EU.
In addition, the declaration reiterated the purpose of the VGs actions which
remained unchanged until 2009, namely the active support for the processes of the
EU enlargement to the south and east79. After the Czech Republic, the presidency
Cf. P. Bukalska, Nowa Grupa Wyszehradzka w nowej Unii Europejskiej szanse i moliwoci rozwoju [New Visegrad Group in a new European Union chances and
opportunities for development], Punkt widzenia, May 2003, Eastern Studies Centre, http://osw.waw.pl.
77
M. Dangerfield, The Visegrad Group in the Expanded European Union, op.cit., p. 646.
78
The proposal about strengthening the VGs identity was also put forward by the Hungarian presidency of the VG (20052006).
79
J. Gajewski, Polityka Polski wobec regionu rodkowoeuropejskiego, op.cit., p. 158.
76
391
392
was assumed by Poland, which faced the challenge of defining the goals for VG activities in the years 20042005 in the new conditions. Poland set the European tone of
the Visegrad agenda, emphasizing the necessity of the VG functioning as a forum for
regional dialogue on European matters. The proposal was accepted that the methods
and mechanisms of political cooperation should be based on their effectiveness and
complementariness with the EU system, relying on tactical alliances to achieve specific goals. The priorities of the Polish presidency covered two broad subjects. First, the
focus was on consultations on the future financial perspective, cooperation on areas
covered by the Schengen accord, participation in shaping and implementing the new
EU neighbourhood policy. The second area of priorities comprised activities aimed at
strengthening the grouping internally, by its members engagement in sectoral and
regional cooperation as well as implementation of the programmes of the International Visegrad Fund80. As a result, in the new, post-accession period of Visegrad Group
cooperation, the first presidencies Czech and Polish stressed the pro-European
focus of the groups activities. This trend has remained throughout the five year period
under discussion.
The question of europeanising the agenda raised no doubts, for obvious reasons.
It should be noted, though, that there have been no substantial changes in this matter
compared with the pre-accession period. Because all the VG member states aspired to
EU membership and were conducting membership negotiations, debates on the EU were
taking place already in the pre-accession period. After accession, however, the interest
of VG states in mutual consultation and cooperation as regards the European agenda
gradually grew81. This caused an increased frequency of official and working meetings
held by members of the VG, parallel to meetings meetings organised by the EU. In connection with their growing number, improving the efficiency and transparency of the
mechanisms of mutual cooperation was accepted as one of the main priorities of the
Czech presidency of the VG (20072008)82.
A further consequence of the process of enlargement was the natural tendency
of VG member states being at the same time EU members to share their experiences
in terms of transition and adaptation to the requirements of EU membership with those
states expressing a desire to join the organisation. In connection with this, the Visegrad
Programme for the Polish presidency of the Visegrad Group 2004/2005, http://www.visegradgroup.eu.
See Programme for the Hungarian presidency of the Visegrad Group 2005/2006, http://www.visegradgroup.eu. Similarly, Czech Presidency of the Visegrad Group
(June 2007 June 2008), http://www.visegradgroup.eu.
82
Czech Presidency of the Visegrad Group..., op.cit.
80
81
392
393
Group placed particular emphasis on encouraging the transition actions in Ukraine, Moldova and Western Balkan states, as well as supporting these states EU aspirations83.
In the Central European Initiative (CEI), no fundamental changes took place
after 1 May 2004. Just as in the pre-accession period, it pursued the groupings primary
objective. Those, in a broader perspective include the overcoming of the bipolar division
of Europe, supporting democratic change and economic development in the region, and,
more specifically, preparing the states remaining outside of these structures for the EU
and NATO membership. At the moment of enlargement in 2004, seven CEI countries
belonged to the EU. In 2007, this figure was increased by Bulgaria and Romania. This
means that half the countries belonging to the CEI also belong to the European Union.
The remaining countries, with the exception of Belarus, have expressed an interest albeit in the distant future in joining the EU.
The pro-EU stance of states in the CEI has clearly influenced the organisations
agenda and objectives pursued and permeated the actions taken by the organisation. In
the 20042008 period, the main objective was still to support states whose objective was
to join the EU and NATO. The support was to come from those states that already held
member status in these structures84.
In 2007, after the accession to the EU of Bulgaria and Romania, actions were taken
to reform the grouping. At the summit of member states held in Sofia in November 2007,
the principal objective of the CEI was proclaimed as: developing regional cohesion and
cooperation of member states (independently of their progress in European integration),
supporting interested states in their effort for EU membership, establishing institutional
cooperation with the EU (European Commission) in implementing its programmes and
promoting a civil society as a catalyst of democratic change85.
Thus, the enlargement of the EU became a factor encouraging the CEI to more
effective and speedy preparation of those states still outside EU structures for membership. This process of preparation ran along two tracks, on one there was an intensificaSee Meeting of the Heads of Government of the Member States of the Central European Initiative, The Central European Initiative: Facing the Challenges and
Opportunities of the Enlarged Europe. Declaration adopted by the Heads of Government at their Meeting on 26 November 2004, Portoro, Joint Statement of the
Ministers of Foreign Affairs of the Visegrad Group Countries, 23 April 2008; Joint Statement of the Ministers of Foreign Affairs of the Visegrad Group Countries, Sweden
and Ukraine, 23 April 2008; Joint Statement of the Ministers of Foreign Affairs of the Visegrad Group Countries and Moldova, 25 October 2007; The Programme of
Slovakias presidency 2006/2007; Programme for the Hungarian presidency of the Visegrad Group 2005/2006, http://www.visegradgroup.eu.
84
See Meeting of the Ministers of Foreign Affairs of the Member States of the Central European Initiative, Final document, Portoro, 25 May 2004; Meeting of the
Ministers of Foreign Affairs of the Member States of the Central European Initiative, Final document, Tatransk Lomnica, 27 May 2005; Meeting of the Heads of
Government of the Member States of the Central European Initiative, Final document, Tirana, 24 November 2006; Meeting of the Ministers of Foreign Affairs of
the Member States of the Central European Initiative, Chairmans Summary, Sofia, 18 May 2007, http://www.ceinet.org.
85
Cf. Polityka zagraniczna i bezpieczestwa Polski w wietle piciu lat czonkostwa w Unii Europejskiej-wymiar globalny i regionalny [Foreign policy and Polish security in the light of five years membership of the European Union the global and regional dimension], Expert report prepared by the Polish Institute of International
Affairs commissioned by UKIE, Warsaw 2008, p. 61.
83
393
394
tion of mutual cooperation and exchange of experiences on an inter-state level, whereas on the other there was a further development of cooperation with the European
Commission.
The primary objective of the activities of the Council of the Baltic Sea States
(CBSS), created in 1992, was to ensure the security and stability of the region through
the promotion of democracy, market economy and a civil society, as well as to support
projects bridging the developmental gap between countries. This was to be achieved
by cooperation in such areas as environmental protection and sustainable development,
energy, education and culture, economic growth and civil security. Following the 2004
enlargement, there was no significant modification to these objectives, the role of the
organisation in the new political conditions was debated over86, yet the scope of the organisations agenda underwent no fundamental change. In June 2008, the CBSS passed
a declaration on the reform of the organisation. The declaration defined the long-term
priorities for its activities, which included environmental protection (including climate
change), economic development, energy, education and culture and also civil security
and the human dimension. These priorities were, however, not a novelty, as they were
already present at earlier stages of the organisations operation87.
In the past five years, however, differences arose in expectations regarding the
priorities of further cooperation: the Scandinavian countries wanted to concentrate on
environmental protection, while the new member states preferred to play catch-up in
terms of socio-economic development, seeing the CBSS as a chance for developing innovation, the economy and infrastructure. In addition, some of the Scandinavian countries were more interested in shifting the attention of the CBSS towards the Northern
Dimension, encompassing cooperation between the EU and Russia88. Promotion of the
Northern Dimension contributed to the elimination of certain components of Baltic cooperation, e.g. health issues or transport, to avoid duplicating tasks. As a result, certain
changes did take place in the CBSS, however, they were not so much a direct result of
the enlargement, but rather an effect of the pursuit of specific forms of cooperation in
the region, coordinated by the EU.
86
87
88
394
Cf. Polityka zagraniczna i bezpieczestwa Polski, op.cit., p. 3739.

Declaration on the reform of the Council of the Baltic Sea States, CBSS Ministers Deputies Meeting, Riga, 3 June 2008, http://www.cbss.st.
The Northern Dimension is a joint project of the European Union, Iceland, Norway and the Russian Federation concerned with Northern Europe.
395
Poland in regional groupings after EU accession

The Visegrad Group
Poland, following its accession to the EU, declared itself in favour of continuing
the Visegrad cooperation, despite opinions that after accession it should pay greater attention to developing bilateral relations, making them a part in the EU dimension of
the strategy of building a variable geometry coalition. The Polish leadership of the VG
in 20042005 was to bring a renewed sense of shared action, above all in terms of the
European Union89. To what extent have these goals been transferred into reality? Has
participation in the group increased the likelihood of Poland achieving its interests?
The priorities of the Polish leadership of the VG overlapped with the main challenges faced by Polish policy on the region in the following years. They were at the
same time issues on the EU agenda. The situation was similar when Poland took over the
leadership of the VG once again in 20082009. Among the priorities, there were matters
convergent with the direction of Polands European policy. In 2004, Poland considered
a priority e.g. deeper cooperation with countries covered by the European Neighbourhood Policy, increased engagement of the VG to speed up work on a new agreement between the EU and Ukraine, promoting the pre-accession preparations of the Western Balkan
countries, promoting the free flow of persons and implementing the idea of a Green
Visegrad.
The pursuit of Polish interests through Visegrad cooperation was encouraged by
the fact that mutual collaboration within the EU was valued by all partners. The crucial
thing was to identify the areas of common interest.
The first such area was the negotiation of the New Financial Perspective for the
years 20072013. During negotiations Poland relied on Visegrad cooperation, but it didnt limit itself entirely to it. The fundamental coalition in these negotiations was formed
by a wider group, the so-called group of friends of cohesion policy, composed of the
ten new member states, Greece, Spain and Portugal90. Nevertheless, the VG states collaborated closely at a working level throughout the period of the negotiations, which
resulted in the adoption of joint declarations presented in various EU forums.
Informacja rzdu na temat polskiej polityki zagranicznej w 2005 roku przedstawiona przez ministra spraw zagranicznych Adama Daniela Rotfelda na posiedzeniu
Sejmu w dniu 21 stycznia 2005 [Government report on Polish foreign policy in 2005 delivered by Minister of Foreign Affairs Adam Daniel Rotfeld at a session of the Sejm
on 21 January 2005], Rocznik Polskiej Polityki Zagranicznej 2006, Polish Institute of International Affairs (PISM), Warsaw 2006, p. 12.
90
Belgium, Finland, Ireland and Italy held observer status.
89
395
396
The VG states also cooperated in implementing Schengen-related community

law. At the summit in October 2006 Poland mobilised its VG partners to exert united
pressure on keeping 2007 as the deadline for the areas enlargement to cover all the VG
countries. During high-level meetings, a shared position on this matter was presented.
The cooperation of all the VG states contributed to the launch of the temporary system
SISone4ALL, breaking Austrias resistance, which proposed retaining border controls
still beyond 1 January 2008, and overcoming German reluctance connected with the
costs of building a temporary system91.
It is interesting to look at the ability to pursue Polands interests in relation to
its Eastern policy and the area of the Western Balkans. In the period under discussion,
Poland strongly supported the development of a pro-Western attitude in the countries
to the east and south of the VG, perceiving this as a factor guaranteeing security and stability on the continent. It attached particular importance to supporting Ukraines aspirations to join the EU92, declaring at the same time its support for the European aspirations
of the Western Balkan states93. The position adopted by the VG states was convergent
with Polands policy. The VG states declared that they would support those states still
not in the EU, but aspiring to membership94. The programming documents of the Group
on Ukraine are particularly interesting, as the country was treated as a priority by all the
presidencies95.
The Visegrad Group also supported the Poland Sweden Eastern Partnership
project, accepted by the European Council in 2008. The Prime Ministers of the VG
states declared their support for the initiative both at the Prague summit in June 2008,
as well as in Warsaw in November 2008. They then expressed their hope of ensuring
the necessary funds from the EU, essential for the effective implementation of the
project96.
Negotiations on the energy and climate package are another example of building
a wider coalition. This coalition took in both states from the Visegrad Group as well as
Informacja rzdu na temat polskiej polityki zagranicznej w 2004 rok, op.cit., p. 14; Informacja rzdu na temat polskiej polityki zagranicznej w 2005 roku..., op.cit.,
p.10. More on the subject of Polands policy towards Ukraine I. Niemczycki, Polska i jej wschodni ssiedzi [Poland and her Eastern neighbours], Report Five years
of Poland in the European Union, Office of the Committee for European Integration (UKIE), Warsaw 2009.
93
For more on this subject see M. Banat, U. Paasz, Polska w Unii Europejskiej [Poland in the European Union], Rocznik Polskiej Polityki Zagranicznej 2006,
PISM, Warsaw 2006; M. Banat-Adamiuk, Aktywno Polski w Unii Europejskiej [Polish activity in the European Union], Rocznik Polskiej Polityki Zagranicznej
2007, PISM, Warsaw 2007; Answer from the secretary of state at the Ministry of Foreign Affairs authorised by the Prime Minister, to question No 1258 on sending
a Polish political mission to Serbia, Warsaw, 16 April 2008, http://orka2.sejm.gov.pl.
94
See the declaration accepted by VG state Prime Ministers in Kromierzy 12 May 2004, http://www.visegradgroup.eu.
95
See the programmes of each presidency and Visegrad Group activities at http://www.visegradgroup.eu.
96
See Press Release: Official Summit of the Prime Ministers of Visegrad Group Countries, Prague, June 1516, 2008; Press Release of the Polish V4 presidency after the
Official Summit of the Prime Ministers of the Visegrad Group Countries and Baltic States, Warsaw, 5 November 2008; http://www.visegradgroup.eu.
91
92
396
397
the Baltic States (Lithuania, Latvia, Estonia), Bulgaria and Romania. On account of the
objections of the coalition, and also Germany and Italy, expressed during the October
meeting of the European Council in 2008, the decision was taken at the December summit that voting on the package would be not by a qualified majority, but by unanimity.
This meant the package had to be more balanced and take the specific situation of the
Central and Eastern European states more into account97.
The above examples demonstrate Polands flexible approach to cooperation with
its VG partners in its pursuit of Polish interests. On the EU level, Poland hasnt treated
the Visegrad group as an exclusive coalition partner, but rather, in difficult moments during negotiations, when broader support was required, sought to build coalitions including other EU member states, both old and new. In their Eastern policy, particularly
on Ukraine, the VG states often spoke with one voice.
Central European Initiative

Poland perceived the Central European Initiative as a tool for preventing divides
following EU enlargement, notably in the light of the EU concept of a Wider Europe98.
The question of maintaining close ties with those countries remaining outside Western
structures was considered important, similarly to maintaining their integration perspective99. On this account, Poland regarded the CEI objectives adopted in 2007 as most
important, referring to the support for the process of integrating Eastern and SouthEastern states into Euro-Atlantic structures. Great significance was also attached to the
cooperation of Polish entities with Eastern European partners (Moldova, Ukraine and, to
the extent possible, Belarus) based on projects co-financed by the CEI. From the Polish
point of view, an important objective was also supporting regional collaboration with
the participation of CEI member states, also by passing on Polish experiences and knowhow under CEI cooperation mechanisms. The fact of Belaruss membership of the CEI
is not without a meaning for Poland, as this is the only European regional structure of
which Belarus is a member. The CEI, even through cooperation of a non-political nature,
promotes the values and mechanisms that form the foundations on which all democratic
nations operate. In the same way, it constitutes a valuable instrument for influencing BeThe Prime Ministers of Poland, Hungary, Czech Republic, Slowakia, Lithuania, Latvia, Estonia, Bulgaria and Romania, in their joint declaration adopted in
October 2008, called on the EU to desist from solutions not taking into account the differences in economic potential of member states.
98
Wider Europe a concept devised by the European Commission; this concerns the EUs policy towards the Russian Federation, Ukraine, Belarus, Moldova,
countries of the Mediterranean (Algeria, Egypt, Israel, Jordan, Lebanon, Libya, Morocco, Syria, Tunisia) and the Palestinian Authority.
99
Informacja rzdu na temat polskiej polityki zagranicznej w 2004 roku, op.cit., p. 19.
97
397
398
larus. From the Polish point of view, it was also important for the CEI to support deeper
democratic change in Ukraine and Moldova100.
In the last five years, cooperation in this grouping reflected the objectives of
Polish European and Eastern policy. Additionally, through collaboration under the CEI,
it was possible for Poland not only to support changes in the political and economic
systems and gradual arrival at EU membership of the interested states, but also to create
a positive image in Europe.
Council of the Baltic Sea States

Polish diplomatic effort here concentrated on reducing the economic and social
differences between the countries of the north-western and south-eastern coasts, and
also on supporting socio-economic change along the EU border with Ukraine, Belarus
and the Kaliningrad Oblast101. The CBSS was perceived by Poland above all as a tool of
economic and social integration with the Nordic and Baltic States, as well as an instrument for intensifying cooperation with Russia and the Kaliningrad enclave102. At the
same time, it should be noted that the CBSS is not an organisation marked by vigorous
action, which equally for Poland, as for the other member states, entails the reduced
likelihood of achieving any objectives set103.
In June 2004, Poland took the presidency of the CBSS for a year, during which it
proposed deeper cooperation between the CBSS and the European Commission (particularly in terms of implementing the action plan for the Northern Dimension of the EU in
20042006, the implementation of the European Neighbourhood Policy and EU-Russia
dialogue). It also set itself the objective of including Ukraine and Belarus in the CBSS and
broadening the collaboration of the Council with other Baltic and Scandinavian regional
groupings. Among the most important areas of activity were regional and cross-border
cooperation, environmental protection, development of economic cooperation, social
integration and civil security104. Consequently, those areas on which the security and
stability of the region depended were also considered priorities.
Ibidem, p. 4243.
Informacja rzdu na temat polskiej polityki zagranicznej w 2004 roku, op.cit., p. 9.
103
In 2008, the organisation came under criticism from The Economist. The magazine stressed e.g. that the CBSS would occupy a key position in a ranking of
international organisations requiring change. The Economist accused it of illogical membership principles, as it includes Norway and far-off Iceland (on account of
it being a Nordic state), and doesnt include nearby Belarus. The objective of the organisation is described as vague, and the organisation itself as of little interest. It
was also stated that, for critics of the organisation, its activities were a waste of tax-payers money. See The ideal international summit is a dinner party with a waiting
list, The Economist, 5 June 2008, http://www.economist.com.
104
Priorities of Polish Chairmanship in the Council of the Baltic Sea States, 20042005, http://www.cbss.st.
100
101
102
398
399
Polands participation in the CBSS was considered one of the factors helping to
consolidate the countrys position in the region and in the European Union and to build
the image of an active state, engaged in the resolution of material problems, not only
from the point of view of Polands interests, but of the entire EU. Polands activities in
the CBSS were perceived both as supporting and adding to cooperation in Central and
Eastern Europe. Polish programming documents emphasized the importance of strengthening Polands position on the North-South axis. The Minister of Foreign Affairs in
2006, Stefan Meller, expressly referred to this aspect in the government report on Polish
foreign policy. He emphasized Polish aspirations to play the role of a broker for cooperation in the Central European and Baltic regions. The collaboration of Baltic and Scandinavian states was to serve the increased effectiveness of cooperation in Central and
Eastern Europe. Increased activity in this area was perceived as an instrument serving
the purpose of achieving the objectives in the EU forum, as well as of pursuing policies
towards Eastern Europe105.
For Poland, aspiring to the role of a state actively formulating EU policy on
Eastern Europe, it was important to engage representatives from these countries in the
work of the CBSS. This objective was being put into practice during its leadership of the
CBSS, as Poland invited representatives of Ukraine and Belarus to the various forums.
Polands ability to achieve its objectives in the CBSS was influenced by the lack of
consensus as to the direction of future collaboration in the grouping. The Scandinavian
countries were of the opinion that a part of the area of cooperation remained within
the remit of the EU, hence their preference to concentrate cooperative work on Russia
under the Northern Dimension. Reducing regional Baltic cooperation to the EU-Russia
level only left Poland with reservations, as the country regarded the development of
good relations with Russia as important, but was equally interested in including Ukraine
and Belarus in Baltic cooperation106.
Additionally, it should be emphasized that after 2008 Poland has displayed interest in cooperating under EU auspices in the preparation of the EU strategy for the Baltic
Sea Region. Due to the EUs greater instrumental and financial means, the strategy may
render the fuller achievement of Polish objectives in the region more feasible than the
Council of the Baltic Sea States107.
Cf. Polityka zagraniczna i bezpieczestwa Polski , op.cit., p. 43.
Ibidem, p. 5758.
107
On the subject of strategy, see M. Kauyska, Jakiej strategii potrzebuje region Morza Batyckiego? [What strategy does the Baltic Sea region require?], Biuletyn
Analiz UKIE, No 19, Warsaw 2008, and also: http://www.strategia-baltyk.ukie.gov.pl.
105
106
399
400
Conclusions
EU enlargement in 2004 had differing influences on cooperation in the region. In
the Visegrad Group, on account of all the members joining EU structures, there occurred
a strengthening of consultation mechanisms regarding matters already present on the EU
agenda, and a shift of attention from aspiring to EU membership to supporting the aspirations of those countries still outside it. In the Central European Initiative, similarly to
the pre 1 May period, the groups activity focussed on supporting democratic transition
and economic development in the region, as well as on the preparations of non-member
countries for joining the EU and NATO. In the Council of the Baltic Sea States, the enlargement revealed a lack of internal cohesion in the grouping.
Polands policy of multilateral regional cooperation was subordinated to our
membership of the European Union and became a consequence of Polands policy within European structures. The analysis reveals that the Visegrad Group is a grouping that
significantly facilitates the pursuit of Polands regional interests inside the EU, as well as
the implementation of its foreign policy priorities. Poland did not simply restrict itself in
its activities to a permanent coalition with the Visegrad Group but, in difficult moments,
it built wider coalitions, engaging both new and old member states. Cooperation also
took in other states advocating similar positions. The activity of the CEI has been part
and parcel of a wider context of Polish policy of supporting the Euro-Atlantic aspirations
of countries not belonging to the European Union and NATO. The convergence of the
objectives of the grouping with Polands foreign policy priorities fostered the realisation
of Polish interests. In the CBSS, the pursuit of Polish interests was hampered by the lack
of internal political cohesion of the grouping.
Cooperation under the Visegrad Group, the Central European Initiative and the
CBSS was treated by Poland as a factor contributing to strengthening the identity of Central Europe and ensuring stability in the entire region108. Polish membership of regional
groupings undoubtedly represented an additional asset and strengthened our position in
the European Union. This was also encouraged by the potential and tangible opportunity
of finding supporters among states in the region struggling with similar problems.
Despite the existence of certain restrictions on multilateral cooperation, it should
nevertheless continue. This cooperation forms an important instrument in strengthe108
400
Cf. Informacja rzdu na temat polskiej polityki zagranicznej w 2005 roku, op.cit., p. 15.
401
ning Polands position within the EU, on condition that it is treated flexibly. In the following years, an intensification of cooperation should be expected on account of the EU
presidency being held by three countries from the region of Central and Eastern Europe,
i.e. the Czech Republic (the first half of 2009) and Hungary and Poland (2011).
The functioning within the EU of numerous members of regional groupings creates the potential for powerful lobbies to force through particular concepts beneficial for
that region. In the past five years this has been seen e.g. in the promotion of the process
of EU enlargement and support for the aspirations to accession of non-member states, as
well as an influence being exerted on the shape of the Eastern dimension of European
neighbourhood. The lessons learnt from membership in regional groupings can also contribute to new EU initiatives being conceptually better, an example of which is the EU
strategy for the Baltic Sea region.
401
402
Poland in the globalised world

In recent decades, a significant acceleration of the globalisation processes has
been observed. It can be explained by the scientific and technological progress, the development of communications and transport, liberalisation of world trade, and many
other factors. As a result of these processes, the political agenda of the European Union
(EU) is being increasingly shaped by global factors. Thus, increasing importance is being attributed to the external aspects of many EU policies. This trend helps illustrate
the scale of the impact that the globalisation processes have had on the direction of the
works of European institutions. At the same time, the 2004 enlargement has changed the
perceptions of globalisation and of the role of the European Union in this process. In fact,
the definition of the EU has changed in the social awareness of some Western European
citizens initially believed to be a shield protecting against adverse consequences of globalisation, the EU has become the Trojan horse of globalisation, weakening the states in
their efforts to ensure security and social security in particular109. As a result, perceptions
of globalisation in present-day EU are highly diversified110.
The Political and Security Dimension

Poland and the CFSP/ESDP111
In the pre-accession period, the Common Foreign and Security Policy (henceforth the CFSP, the so-called II pillar of the EU) caused little controversy in Poland.
It was assumed that by acceding to the EU, Poland would gain additional instruments
P. Serafin, Unia Europejska w przededniu wielkich debat, Biuletyn Analiz UKIE, No. 17, February 2007, p. 5.
Examples of significant diversification in the assessments of globalisation are provided by the most recent Eurobarometer: 73% of Danish residents and only 35%
of French citizens (and 54% of Poles) agree with the statement that EU helps benefit more effectively from positive aspects of globalisation. Quoted after: Standard
Eurobarometer 70, first results, fieldwork: OctoberNovember 2008, December 2008, p. 54.
111
Materials provided by the Ministry of Foreign Affairs are used in this chapter.
109
110
402
403
which would allow her to attain major foreign policy objectives such as the strengthening her position on the international forum, ensuring security and participating in the
shaping of the international communitys rules governing operations. This was to be
guaranteed by the international nature of the cooperation, decision-making mechanisms
based on the rule of consensus, and the relative convergence of CFSP targets with the
Polish foreign policy.
Thus, with her accession to the EU, Poland fully supported the strategic goals of
the EU Common Foreign and Security Policy that is the strengthening of the European
Unions security and of national security, the support for international cooperation, as
well as the advancement and reinforcement of the rule of law and democracy. Poland
was aware of the specific character of this policy at the time of her accession to the EU,
however. While the CFSP is still in the making, the Union policy in this area is frequently considered a sum of the member states national interests which suggests that it is not
always effective112. Regardless of these shortcomings, Poland actively joined EU works in
the area of the CFSP, perceiving many opportunities in the participation in this policy.
Accession to the EU brought about a fundamental change in Polands foreign
policy, both by widening the scope of interest, and by enabling to participate in the decision-making concerning the CFSP. Participation in the CFSP lent a global perspective to
Polands foreign policy. Considering her experience, knowledge, skills and interests, Poland was guided by well-defined priorities during the years 20042009, including the European Security and Defence Policy (ESDP), Transatlantic relations, Eastern Policy and
the Neighbourhood Policy, as well as full participation in the cooperation between the
EU and other world regions. At the same time, Poland participated in defining of the EU
policy vis--vis regions and countries towards which the Polish foreign policy had not
been particularly active so far due to limited resources and instruments of influence.
Polands membership in the EU- and particularly the participation in the mechanisms of the Common Foreign and Security Policy has provided her with a new, valuable instrument for the coordination of European interests in the external dimension and
for the realisation of her own external interests. As she gained experience in the working
mechanisms of the CFSP, Poland was increasingly able to capitalise on her significant
political potential resulting inter alia from the fact of being one of six largest states of
the European Union. There are reasons to believe that after five years of membership,
A. Harasimowicz, P. urawski vel Grajewski, Korzyci i koszty przystpienia Polski do UE na odcinku Wsplnej Polityki Zagranicznej i Bezpieczestwa oraz Europejskiej Polityki Bezpieczestwa i Obrony, [in:] Korzyci i koszty czonkostwa Polski w Unii Europejskiej, Centrum Europejskie Natolin, Warsaw 2003, p. 207.
112
403
404
Poland already disposes of the so-called institutional memory, that is the knowledge
of procedures and institutional and financial implications of the decisions being made.
A good example is the Eastern Partnership initiative, which may be considered Polands greatest success and the proof that Poland is capable of utilising the CFSP instruments
effectively for the realisation of the priorities of her foreign policy113.
During the first five years of her presence in the EU, Poland has created a public image of a state constructively involved in the advancement of the conceptual and
operational dimensions of the CFSP (including active participation in the review of the
European Security Strategy). More importantly, Poland has not been perceived as a single-issue country despite her traditional commitment to the realization of an EU eastern
policy. This may be explained by Polands participation in discussions on such topics as
the Western Balkans (including issues relating to the Kosovo status, observance of the
principle of conditionality in EU negotiations with Serbia, Bosnia and Herzegovina),
Afghanistan (including the reinforcement of EU involvement in this country, practical
development of EUNATO field cooperation), Africa (including issues regarding the involvement in EU operations on the territory of the Democratic Republic of Congo, Chad
and in the security sector reform), non-proliferation (including export control, embargo
on sale of weapons to China, Iranian nuclear programme), as well as horizontal issues
(including those relating to the status of EU special envoys, the status of the International Criminal Court).
Poland actively participated in the discussion on the continuation of the EU enlargement policy, and consequently on the necessity to open accession negotiations with
Turkey and Croatia. With the commencement of the negotiations, Poland provided continuing support that helped maintain the pace and quality of accession negotiations on
all levels of EU cooperation (formal and informal). On many occasions she sided with
candidate states when the accession negotiations were threatened by a slowdown or deadlock (e.g. during European Council meeting in December 2006 the debate on failure
on the part of Turkey to meet the commitment concerning the ratification of the Additional Protocol to the Ankara Agreement; and in 2008, during many discussions relating
to the blockage of the Croatia-EU negotiations by Slovenia). Because of her assertiveness, Polands membership contributed to her positive image as an advocate of further
enlargements and of strengthening of EU bonds with its neighbours, thus reasserting her
support for increased security and cooperation in Europe.
113
404
For more details on Polands involvement in the realization of EU eastern policy, see: Poland and her Eastern Neighbours in this report.
405
The EU enlargement of 2004 did not create a new division into old and new
member states in the CFSP area. New members joined the informal interest groups already
present within the EU Council. Poland thus found herself in a group of states supporting
closer EU cooperation with NATO (together with the United Kingdom, the Netherlands
and Denmark), those promoting a more assertive EU position towards Russia (along with
the United Kingdom, Sweden, Lithuania, Latvia, Estonia and the Czech Republic), and
finally those opting for strict observance of the conditionality principle in relations with
the Balkan states (along with the United Kingdom, the Netherlands, Sweden).
The past five years of Polands membership were also marked by co-participation
in policy-making in the context of EU-USA relations. Polands efforts proved significant
for keeping the issue of American support to states in transition located in Eastern Europe on the agenda of the Transatlantic talks, while the European Commission monitored
the steps towards the liberalisation of the American visa regime for citizens of an enlarged Union. In the years 20082009, Poland actively participated in EU works targeted at
the reinforcement of the dialogue with the United States. The strategic discussion on the
future of the Brussels-Washington cooperation initiated in Avignon in 2008 contributed
to a political agenda of cooperation with the new US administration that is broader in
scope and more concrete in its essence (the document on Transatlantic Partnership).
The added value of Polands participation in the CFSP is also exemplified by the
growing partnership with countries of the broad Middle East. Poland has been supporting EU actions in this area, particularly the efforts of the member states permanent
members of the UN Security Council, aimed at the resolution of the issue regarding Irans nuclear programme. Poland has furthermore contributed to maintaining the interest
of the EU and the European Commission in the problem of reconstruction of Iraq, and
on the need for increasing the EU budget allocated to this purpose.
Moreover, the EU membership brought to Polands attention significant opportunities for the advancement of EU relations with Asian countries, particularly with
the Unions strategic partners, that is China, Japan and India as well as South Korea.
Moreover, guided by the principle of solidarity, Poland has been increasingly involved
in actions aimed at reinforcing the EUs presence in Africa. The most important areas of
cooperation with African states included stabilisation, development and humanitarian
aid, promotion of human rights, democracy, rule of law and good governance. Poland
also actively supported EU efforts for the benefit of peaceful resolution of conflicts in
Africa. As a EU member state, Poland gained the possibility to influence the making and
405
406
implementation of the EU Strategy towards Africa. Since 2008 Poland has participated in
the 10th edition of the European Development Fund, which is the main financial instrument of the EU development assistance towards third countries. Poland also sought to
influence the funds measures so that they be complementary to the priorities of Polands
increasingly significant development aid.
One should also point out Polands prioritization of the observance of human rights and the rule of law. Poland has been particularly active in efforts benefiting Belarus,
e.g. by supporting the launch of a Polish radio station and the preparation of observers for
the presidential elections in Belarus in 2006. Poland intensified efforts for the benefit of
adoption of an individual strategy towards Belarus by the EU, arguing that the latter treats this country as a potentially free democratic state and a partner in Europe. However,
Polands interest in the progress in of the fields of human rights and rule of law was not
limited to her eastern neighbours; jointly with other EU member states within the framework of the CFSP, Poland underlined the importance of supporting democratic processes
also when it comes to Asian or African states (e.g. in Uzbekistan or Zimbabwe).
To recapitulate, during five years of membership Poland actively participated in
the CFSP, strengthening its image of a state willing to support policy that goes beyond
national interests (e.g. support for further EU enlargement despite the possibility of potential reduction of assistance funds for Poland for the benefit of future new members).
It quickly gained the reputation of an advocate of states lying outside Union borders supporting their European ambitions; this in turn, has helped neighbouring states become
perceived to a greater extent as important political partners. By becoming involved in
global issues and participating in the shaping of EU policy towards the world, Poland has
improved the chances to realise her long-term interests and confirmed her effectiveness
as a new EU member state.
European Security and Defence Policy

The security aspect was another priority for Poland in the EU. With the accession, the foundations of Polands security policy have been based not only on the strategic partnership with the United States and the membership in the NATO, but also on
the cooperation under the European Security and Defence Policy (ESDP) within the
framework of the CFSP114.
114
406
M. Zikowski, Polityka bezpieczestwa Polski, Rocznik Polskiej Polityki Zagranicznej PISM, 2007, p. 71.
407
During the five years of membership in the EU, Poland has become actively and
constructively involved in the development of the conceptual and operational dimensions of ESDP. Feeling that an accelerated and tightened EU integration in the area of
security would be a potential threat to NATOs position in Europe, Poland initially regarded the development of the ESDP towards a defence alliance mechanism with scepticism. Despite initial reservations, Polands position towards the development of the
ESDP has gradually changed. The ESDP framework developed so far largely reflects
Polish postulates, and has therefore won Polands approval115. Although NATO is still
considered as the main instrument of the Polish security policy, Polands membership
in the EU is understood today as an evident guarantee of Polands security116, and the
building of defence (military) capacities is no longer regarded as a competition for the
NATO. On the contrary, significant involvement of Poland in the ESDP is considered
as being consistent with the idea of complementarity and non-contradiction of military
cooperation in the EU with activity in the NATO117. Moreover, Poland stresses the need
of continued strengthening of cooperation and coordination between the NATO and the
European Union118.
Despite the aforementioned doubts, Poland has been involved in development
of the Communitys military capacities ever since her accession to the Union. The EU
Battle Group declared in 2004 by Germany, Slovakia, Lithuania and Poland is to attain readiness in the first half of 2010. Poland will play a particular role in this group as
a framework state, i.e. a coordinator of the preparation process and possible operational use of this unit. Similarly in 2006 Poland made a declaration jointly with Germany
and France on the establishment of the Weimar Group by 2013, and in 2007 Poland,
the Czech Republic, Slovakia and Hungary announced the establishment of a similar
Vysegrad Group by 2015119.
By supporting an active security policy within the EU, Poland has been increasing its involvement in ESDP operations during the past five years. The main form of
Polands activity in the European Union in the area of security, serving the purpose of
developing the Unions military capacities and its potential for international influence,
was the participation in missions abroad120, including EU military and civil operations.
115
Polityka zagraniczna i bezpieczestwa Polski w wietle piciu lat czonkostwa w Unii Europejskiej wymiar globalny i regionalny, ekspertyza przygotowana na
zlecenie UKIE, PISM, Warsaw 2008, p. 8.
116
M. Madej, Polityka bezpieczestwa Polski (wymiar polityczno-wojskowy), Rocznik Polskiej Polityki Zagranicznej PISM, 2008, p. 57.
117
Polityka zagraniczna i bezpieczestwa, op.cit., p. 8.
118
M. Madej, op.cit., p. 56.
119
120
M. Madej, op.cit., p. 57.
407
408
Poland has actively supported the priority areas of EUs operational involvement,
which include the Balkans, the eastern neighbourhood of the EU and the Middle East.
The first important mission undertaken by Poland under the ESDP was EUJUST LEX
during 20052007. Its objective was the organisation of training for the Iraqis as part of
the judiciary reform. Poland also showed high engagement in the EU military operation
in Bosnia and Herzegovina (BandH) EUFOR ALTHEA in 2006, with the participation
of approximately 4.5 thousand soldiers, including 190 from Poland. Continuing its involvement in the region, Poland supported the EUPM police mission in BandH with
qualified staff which, jointly with local security forces, played an important role in the
fight against organised crime. Furthermore, Polish experts constituted the most numerous representation in EUBAM observation and advisory EU mission EUBAM on the
Ukraine-Moldova border and which was initiated in December 2005. The mission is of
advisory nature, and its activity striving for the improvement of border controls with
regard to smuggling and criminal structures is perceived as an important step towards
resolution of the conflict in Transnistria121.
Polands Policy Towards Selected Non-European Regions

After Polands accession to the EU, relations with third states were redefined,
allowing Poland to open up to new substantive discussions and contributing to more
effective development of bilateral relations. Thus, it is beyond any doubt that Polands
accession to EU strengthened its position on the international arena. This impact is particularly visible in the context of relations with the USA.
Although in retrospect Polands contribution directed Union works towards the
intensification of the dialogue with the United States, Polish-American relations met
with negative reaction of leading member states in the beginning122. This stance was
mainly a reaction to the intensity of Polands cooperation with the USA at the time of
her accession to the EU, which was dictated by the participation in the stability mission
in Iraq (which came to an end in October 2008), involvement in Afghanistan, support
for global war on terrorism and such undertakings as the Cracow Proliferation Security
Initiative, or participation in highly specialised cooperation mechanisms, e.g. Defense
Transformation Initiative123. However, Polands intensified efforts with the objective to
121
122
123
408
M. Zikowski, op.cit., p. 7677.

Ibid., p. 19.
409
develop the Polish-American cooperation while at the same time intensifying her involvement in the functioning of those areas of the EU policy, soon lent a new quality to
the EUUSA relations. This, in turn, resulted in a particular complementarity of two
directions of Polands security policy Atlantic and European directions124.
A significant upswing could be noted in Polands bilateral relations with the states of South Caucasus and Central Asia. Polish diplomacy displayed particular activity in
such areas as the promotion of democracy and the rule of law, development of economic
relations, and the construction of new energy connections. Poland also availed herself of
structures of subregional organisations (GUAM) and her cooperation with Union partners within EU institutions to attain her objectives. Georgia, declaring her will to build
sustainable democratic institutions, rule of law and to accede to Euro-Atlantic and European structures, enjoyed particular attention in the Polish foreign policy.
An undisputed success of the Polish diplomacy was the gradual improvement of
Polands image in the eyes of the EU as a credible partner who is willing and is able to
lead an open and pragmatic dialogue with Russia on various topic but who, at the same
time, seeks to secure her own interests. Polands opinions on Russia are not only heard
by union partners, but have also increasing influence on key decisions made by EU institutions towards the Russian Federation.
The added value of Polands participation in the context of EU foreign policy is
also exemplified by the growing partnership with Arab countries. The most important
trend in Polands cooperation with the states of Middle East and North Africa following
her accession to the EU was a greater involvement in actions benefiting the advancement
of democracy, promotion of human rights, and the intensification of actions aimed at the
peaceful resolution of regional conflicts. This may be attributed mainly to the realisation
of fundamental priorities of the EU foreign policy, that is the promotion of global security and stability, support of democratisation processes, involvement in development
cooperation, and also the support of sustainable economic growth and sustainable development.
Polands relations with the states of Middle East and North Africa in the EU
context are shaped first and foremost by the European Neighbourhood Policy and by the
Barcelona Process (called the Barcelona Process: Union for the Mediterranean BPUM
since 13 July 2008). The Barcelona Process is a multilateral formula for EU cooperation
with the states located in the Mediterranean area serving as a basis for economic regional
124
Ibid., p. 20.
409
410
integration and peace, stability and security in the Euro-Mediterranean region. Through
active participation at the BPUM forum since 2004, Poland has been co-shaping the
Unions policy towards the region that has been a source of challenges to all EU member
states particularly in regard to the dialogue between civilisations, unresolved conflicts
in the region, climate change, energy security, problems concerning migration, and the
fight against terrorism. Poland thus corroborated her interest in the further development
also of the European Neighbourhood Policys southern dimension .
Polands involvement in the efforts made by the EU to regulate the Middle Eastern
conflict in a comprehensive manner, including the EU involvement on the forum of the
Middle East Quartet (UN, EU, USA, Russia) and other manifestations of EU activity in
the region125, has contributed to Polands growing role in the region as well as within the
Union itself. The Palestinian Autonomy was one of the priority states in the context of
the Polish assistance programme. Aside from support of humanitarian character, Poland
offered training programmes for the administration (police, diplomats), improvement of
infrastructure (potable water supply) etc. This priority is consistent with the policy of
the EU, which is the biggest donor of humanitarian aid for Palestinians.
Polands accession to the EU was also beneficial in the relations with the countries of the Gulf Cooperation Council (GCC). It significantly improved Polands image as
a reliable partner who plays an increasingly important role in Europe and in the world.
Poland is thus perceived by authorities of the Gulf states in many regards as an exemplary
country for our region and a kind of regional bridge-head in the activation plans of their
foreign policy. However, despite Polands accession to the institutionalised dialogue between the EU and GCC, Polands position in GCC states has been based on bilateral relations, with Polands participation in the EU solely constituting a supporting element.
Revisiting these past five years, it is beyond any doubt that the EU accession
has contributed to the change of Polands image. Being considered a state belonging to
a group of developed countries of the North contributed to a growth of interest in Poland among the states of the Middle East. However, Polands involvement in this region
remains moderate as compared to the potential that might follow from an intensification
of cooperation with the Arab world.
The EU membership also gave Poland the possibility to further expand her relations with Asian countries, particularly with strategic partners of the Union: China,
Such as participation in Union humanitarian aid for victims of the conflict in the region, cooperation of consular services of the member states, involvement in
a reinforced UNIFIL mission approximately 7 thousand soldiers from the EU, including 500 from Poland.
125
410
411
Japan, India, South Korea. Polish diplomacy gained a new instrumentarium for political
dialogue and bilateral contacts at various levels. Moreover, Polands accession resulted in
a clear enlivening of the political dialogue with the states of Asia and the Pacific, which
was manifested in a growth in the number of mutual visits at the highest political level
compared to the pre-2004 period. Polands participation in ASEM process remains a convenient platform for the intensification of bilateral relations with selected states of the
region and of the dialogue with Asia as a whole.
Poland has furthermore been engaged in activities of political and development
nature in the South-West Asia region, including Afghanistan. Since the beginning of the
war in 2001, Poland has become involved in the process of stabilisation, reconstruction and
democratisation of this state. Aside from substantial military efforts as part of the NATO
mission in Afghanistan, Poland has indicated interest in continuing the support for reconstruction of the country by participating in the international conference in London in 2006
which resulted in the allocation of a total of approximately EUR 2 bn jointly by EU member states as support for the Afghanistan Compact in the years 20072013. The Compact
defined a comprehensive reform plan in Afghanistan in the areas of security, state governance, rule of law, human rights, social and economic development as a strategy for fight
against drugs. Another important factor was the EUPOL mission (European Union Police
Mission) in Afghanistan under the European Security and Defence Policy, the objective of
which was to support the development of the Afghan police force and rule of law.
Poland has also advocated the intensification of political dialogue and cooperation
with Latin America since her accession to the EU. Relations between Poland and states
of the region are shaped mainly within the framework of the Cotonou Agreement126, the
dialogue between the EU and countries of Latin America and the Caribbean, and EU-MERCOSUR meetings. She took active part in meetings of the heads of states and governments
as well as foreign affairs ministers of the EU and Latin America and the Caribbean, which
are a form of institutionalisation of interregional dialogue. She also participated in the discussion as well as the development of the format for meetings at the level of EU foreign
affairs ministers the Rio Group, held every second year regardless of the meetings at the
summit of the leaders of EULAC. Particular attention is deserved by Polands contribution
to development of EU position towards pursuance of double-track policy towards Cuba.
Moreover, Poland attaches significant attention to the development of the strategic EU
The preferential treatment instrument is the Cotonou agreement concluded in 2000 with countries of Africa, the Caribbean and Pacific (ACP), which entered
into force on 1 April 2003.
126
411
412
Brazil partnership concluded in July 2007 as well as the strategic EU-Mexico partnership
initiated in 2008 and which hopes to lend more dynamic to the cooperation in all areas.
At the same time, Poland developed bilateral cooperation with the states of Latin
America and the Caribbean. She made efforts to promote political dialogue at high level.
Here again Polands membership in the EU was conducive to this purpose. Beginning
with 2007, one of the elements of the Polish strategy towards Latin America and the Caribbean has been the development assistance implemented through the so-called small
grants fund (amounting to PLN 491 thousand in 2007, and PLN 530 thousand in 2008).
Nevertheless, it is difficult to assess the accessions impact on the changes taking
place in Latin America in the political context, since the implications of the accession are
difficult to assess and require a longer time perspective. At the same time it must be stressed that due to limited political and economic interests, Polands activities have been restricted so far especially in Latin America region. And while interest in the cooperation
with Poland has grown significantly in this region after 2004, it failed to bring about
a fundamental change. In 2009, political, economic and social processes in the region are
not expected to have any direct impact on Polands fundamental interests.
Poland at the Forum of Selected International Organisations

Polands membership in the EU has contributed to the effective realisation of
Polish interests at the forum of international organisations as well. This has been reflected first of all in EU cooperation with the North Atlantic Treaty Organisation (NATO).
Despite Polands limited possibilities in removing obstacles to the development of institutional NATOEU cooperation (following inter alia from Turkeys bias against participation of Cyprus in joint works), the permanent and relatively balanced growth of Polands involvement in activities of the EU and NATO127 strengthened its position in both
said organisations. The growing significance of Poland has been manifested in the ability
to influence the directions of development of ESDP and NATO and their cooperation,
and the resulting growth of Polands importance in the region128. Basing on the idea of
complementarity and non-contradiction of cooperation between the EU and the NATO,
Poland intensified her activity as a member of NATO, the best example of which is the
ISAF mission in Afghanistan, while increasing her military activity in the context of the
127
128
412

Ibid., p. 28.
413
EU during the past two years (20062008). At the same time, it opposed the creation of
command structures and institutional structures independent of NATO. Therefore, the
EU membership and cooperation under ESDP have not weakened Polands position in
the NATO on the contrary, they contributed to the improvement of Polands image
and the increase of military resources and capacities.
Polands new role is also reflected in the form and principles of Polands actions at
the UN forum. Since her accession to the EU, Poland has been active at the UN forum not
only in the context of individually initiated multilateral relations, but also in the framework
of EU works as one of the most reckoned with and influential groups of states functioning at
the UN forum129. While by giving up representation and common voice to the EU presidency
Poland was deprived of the possibility to participate directly in UN negotiations on various
matters, it is beyond doubt that after her accession, Polands involvement grew in global key
issues at the UN forum130. At the same time, by engaging in joint EU works at the UN forum,
Poland gained significant benefits such as the representation of its interests through one of
the most influential actors at the UN forum, i.e. the EU. Moreover, it gained direct access to
key information, including regular comprehensive reports from the progress of UN works.
Because of her position at the UN forum, the EU has much easier access to such information
than individual states. Finally, Poland gained the possibility to exchange remarks and opinions with partners from other EU member states during coordination meetings131.
Similar trends may be also noted in the case of involvement in the framework of the
Organisation for Security and Co-operation in Europe (OSCE). The EU membership allowed
Poland to win support for its visions and targets, such as the issue of democratisation, rule of
law, human rights and prevention of conflicts, which was made possible by the practice of intra-Union consultations and the possibility for the Union members to develop a joint position
on matters addressed at the OSCE forum. Nevertheless, due to broader possibilities to develop a joint position within the EU (and thus also to win support for Polish proposals), greater
and more diversified Union resources, better effectiveness of its actions, and interest of Poland in progress of European integration, including development of CFSP, there has been an
increasing preference for cooperation on the basis of Union structures other than OSCE (e.g.
in the case of Kosovo status)132. Although it is considered as a supplementing structure, the
EU membership has not fundamentally changed Polands position towards the OSCE.
K. Kukier, Polska w ONZ trendy i zmiany w kontekcie piciu lat czonkostwa w UE, an expert opinion commissioned by UKIE, Warsaw 2008, p. 57.
Ibid., p. 34.
131
Ibid., p. 89.
132
Ibid., p. 28.
129
130
413
414
Polands accession to the EU broadened her spectrum of interests and influence in the context of foreign policy. As a result, the EU membership has brought about
a more open approach towards the world and active participation on the part of Poland
in developing the EU position towards most central thematic and geographic areas133.
At the same time, Polands accession took place at an important period of the shaping
of the CFSP/ESDP. Taking advantage of this political situation, Poland made successful
efforts to redirect other Community members interests towards her own priority issues.
Without any doubt, the first years of Polands membership in the EU have been a beneficial experience for our country.
The Socio-Economic Dimension

Poland in the Context of the World Economic Market
As the transformation process advanced, Poland has been gradually increasing her role in the world economy ranking 20th worldwide in terms of GDP size
(USD 601.8 bn) in 2008134. Polands share in the world GDP calculated according to
the Purchasing Power Parity (PPP) rose from 0.934% in 2003 to the estimated value
of 0.969% in 2008. At the same time Poland ranked 26th worldwide in terms of trade
turnover135, whose total value amounted to USD 301.5 bn (1.07% share in world trade). In 2007, Polands share in world imports amounted to 1%, and in world exports
to 1.1%136.
It is important to note that in the case of Poland, the geographic location (the
main European transport and trade routes run through Poland from north to south
and from west to east) and her powerful position among new member states in the CEE
region play a central role in the globalisation process. The EU membership provided
Poland with necessary instruments which have positively influenced the growth of the
dynamics of economic relations with third countries (in terms of both investments and
trade). Considering the above, Poland has been increasingly benefiting from globalisation. Nevertheless, Poland needs to continue taking action to meet the criteria and requirements necessary for active participation in the global economy.
P. wieboda, Polska polityka europejska w latach 20042009. Priorytety, interesy, strategiczne wybory i sposb realizacji, expert opinion commissioned by UKIE,
Warsaw 2008, p. 9.
134
Source: information from the Trade Policy Department, the Ministry of Economy, 29 January 2009.
135
Ibid..
136
http://www.wto.org/english/news_e/pres08_e/pr520_e.htm#appendix_table1.
133
414
415
One of the gauges of the degree of an economys globalisation is the value of

Foreign Direct Investments (FDIs) flowing into the country. Statistics show a significant
growth in the total value of FDI influx into Poland during the five years of EU membership, increasing from EUR 32.21 bn in the years 19992003 to EUR 50.72 bn in the years
20042007137. The increased FDI influx came both from EU member states and from
third states. In the years 19992003, the FDI influx from non-EU countries amounted
to 10.48% of the total FDI influx, rising to 14.46% of the total FDI influx into Poland in
the period 20042007138. Nevertheless, this value departed significantly from the Union
average; for the sake of an example, the share of the FDI influx from third countries to
EU-27 in the years 20042006 amounted to 24%139. The main investors from third countries during the mentioned period included the United States, and Japan, South Korea,
Canada, China, Singapore, Australia, India and countries of Latin America (see: Table
1). It is estimated that the share of FDIs coming from third countries might have been
greater than allowed for by statistics due to the indirect share of affiliated companies
registered in other EU states.
Table 1. Influx from selected third states into Poland in the years 20032007
Influx of FDIs from third states into Poland (in EUR mln)
Country/year
2003
2004
2005
2006
2007
% share in total FDI influx

from third states in the
years 20042007
USA
486.1
114.3
643.5
394.8
834.6
27%
Japan
147.9
150.0
239.3
253.7
191.6
11%
South Korea
290.9
167.7
38.7
415.9
25.6
8%
Canada
1.5
4.1
7.0
60.9
386.4
6%
China
10.7
2.1
36.6
20.0
62.0
2%
Singapore
28.0
7.4
2.1
92.0
43.1
1%
Australia
10.6
-7.1
6.5
3.6
65.9
1%
Others
864.6
657.9
1 535.4
1 919.1
3 222.7
44%
Source: O
wn elaboration on the basis of: FDIs in Poland in 2004., published by NBP, Warsaw, December
2005; FDIs in Poland in 2007, published by NBP, Warsaw, January 2009.
For more details on FDI influx into Poland see the chapter: Perspektywa makroekonomiczna.
In the period 19992003 third states are defined as non-EU-15 countries, and in the period 20042007 as non-EU-25 countries. In the period 19992003 FDI
influx from the 9 EU member states that acceded to the EU jointly with Poland on 1 May 2004 amounted to EUR 0.22 bn. source: NBP, Zagraniczne inwestycje
bezporednie w Polsce w 2004 r., Warszawa, grudzie 2005 r.; NBP, Zagraniczne inwestycje bezporednie w Polsce w 2007 r., Warsaw, October 2008.
139
Quoted after: European Union foreign direct investment yearbook 2008, Eurostat, 2008, p. 12.
137
138
415
416
During the pre-accession period, Poland proved competitive in the acquisition

of investments from both third countries and from other EU member states in many
cases and still remains one of the most attractive countries of the region for foreign
investors. The reasons for this include manufacturing costs below the West European
level, an inexpensive but relatively well educated labour force, the growing level of
societys prosperity, a large domestic market, and finally an advantageous geographic
location allowing for significant reduction of transportation costs. Moreover, good development prospects due to aid from the EU, as well as the introduction of Community regulations concerning FDI, which are considered as more transparent than those
applied in Poland before, have also been of significance. Polands strong placement is
also corroborated by results of a ranking developed by the consulting agency COFACE140, which suggests e.g. that in 2007 Poland as one of three countries (in contrast
to seventeen others that went down in rankings) was promoted to category A3141.
Authors of the analysis quoted the following as decisive factors- integration with the
European Union and the resulting modernisation, diversification of exports, as well
as the intensified FDI influx into Poland. The privatisation and restructuring of the
economy aiming to adapt the latter to the needs of a globalised world should also be
listed at this point.
The issue of investment attractiveness of Poland in the years 20042009 has been
also reflected in the rankings, although not all of them indicate the same trends. For the
sake of an example, Poland attracted FDIs most effectively among the new EU member
states142 according to a UNCTAD report143. These findings were corroborated amongst
others by an Ernst & Young report, placing Poland 7th among European states144. In 2007,
the Federation of European Employers (FedEE) ranked Poland first in terms of employees potential (aside from Denmark, Slovenia, Switzerland and the United Kingdom)145.
On the other hand, reports of Business Competitiveness Index suggest that a decline in
competitiveness can be noticed in the case of Polands economy from 45th position in
COFACE Group pursues activity in international markets in the area of protection, financing and management of receivables; http://www.trading-safely.com/,
http://www.coface.com.
141
The ranking is presented on the scale from A1 (exemplary, very stable economic and political situation), A2, A3, A4, B, C, do D (very unstable economic and
political situation, a high-risk country for enterprise). A3 concerns countries of relatively stable economic and political situation. Periodical disturbances may
occasionally adversely affect economic environment, but have no long-term impact on advantageous conditions for investment and enterprise development. Por.
http://www.trading-safely.com.
142
World Investment Report, UNCTAD; quoted after: Globalizacja gospodarki wybrane cechy procesu, AN unpublished paper of the Ministry of Economy (the
Department of Analysis and Forecasts), Warsaw, November 2007, p. 19.
143
United Nations Conference on Trade and Development (UNCTAD), see: http://www.unctad.org.
144
Atrakcyjno inwestycyjna Europy 2007, Ernst & Young, July 2007, p. 5.
145
Federation of European Employers, http://www.fedee.com/countryratings.shtml.
140
416
417
2003 to 56th in the ranking in 2007146. As a result, a thesis has been ventured which suggests a process of gradual decline of Polands attractiveness in terms of attracting FDIs.
Looking back at the past five years from a global perspective, it should be noted that as she makes economic progress and bridges the development gap, Poland is
becoming increasingly threatened by competition from such countries as China, India,
Vietnam, and also the United States. It may be understood as a result of the lower manufacturing costs in the developing countries, and in case of the USA from a greater
availability of modern technologies. At the same time, Polands accession to the EU has
entailed a growth in societys affluence and a rise in employees expectations as to the
increase in their pay to the Union average, but no significant growth in outlays on education has been recorded (in contrast to such countries as India, China and Malaysia,
which placed in the top three in the ranking of attractiveness for FDI in 2007147). This is
even more alarming considering that the degree of innovation is one of the major criteria
testifying to the competitiveness of an economy.
According to the KOF ranking148, Poland ranked in the top twenty of the most
globalised states worldwide last year (the report of 2008 identified Belgium as the most
globalised country, with Canada ranking 15th, Poland ranking 19th)149. However, a ranking in early 2009 recorded a decline of Polands position to 30th (e.g. behind Lebanon
and Croatia, and ahead of Latvia)150. Thus, despite the increasing integration of Poland
with the global structures and her increasing involvement in globalisation processes a lot
remains to be done in this area.
Trends in Economic Relations with Third Partners

With the accession to the EU, Poland joined the group of states constituting jointly one of the biggest global economies. Polands membership in the EU gave Polands
economic relations with the world a new dimension, resulting in the growing role of
the economic aspects in the Polish foreign policy. Since the accession, the nature of
Polands trade relations with third states has changed. Entering into a structure of such
an innovative nature of relations and degree of global integration as the EU entailed the
necessity to adjust the countrys economic policy to Union rules. Consequences included
The Global Competitiveness Report 20072008, World Economic Forum, quoted after: http://gcr07.weforum.org.
A.T. Kearney, Global Services Location Index 2007; quoted after: Globalizacja gospodarki wybrane cechy..., op.cit., p. 25.
148
Konjunkturforschungsstelle, Swiss Economic Institute, http://globalization.kof.ethz.ch/query/showData.
149
Ibidem, see also reports of Globalization Index, http://www.atkearney.com.
150
2009 KOF Index of Globalization, http://globalization.kof.ethz.ch/static/pdf/rankings_2009.pdf.
146
147
417
418
a common customs tariff for Poland, which in practice meant that upon Polands accession to the EU, the issues of bilateral trade regulations were replaced with common trade
policy realised by EU institutions and member states at the Community level. Therefore,
with the accession, Poland automatically terminated trade agreements concluded with
third countries which in many cases were replaced with new agreements on economic
cooperation (e.g. with the Peoples Republic of China); its status at the forum of World
Trade Organization (WTO) also changed. At the same time, Poland gained influence in
shaping the directions of the EU trade policy. Furthermore, owing to the use of the network of free trade agreements binding the EU with non-European countries, the access
of Polish exporters to markets of third states has expanded151.
The Polish economic policy towards third countries in the years 20042009 has
been largely determined by several agreements and legal acts, such as e.g. the Strategy
of the Republic of Poland with regard to non-European developing countries152 or the Midterm strategy for development of economic cooperation with selected developing countries
in the years 20082010 and which have set the main premises for the shaping of bilateral
relations,. On this basis and in line with the so-called economic diplomacy, Poland has
been developing the economic aspect of relations with individual countries during the
past five years.
A significant boom in trade has been noted upon the accession, albeit mainly
with other EU member states. Nevertheless, owing to her newly acquired access to EU
instruments Poland gained a broader access to markets of third states, and also the means
to defend her interests more effectively. The issue of economic promotion remained in
the competence of Poland; however, given the fierce competition between individual
EU states on the markets of third countries, means in practice inter alia that the support
by governmental institutions for the private sector dealing in export is of greater importance. It is even more important considering the fact that the accession brought about
an increased presence of transnational corporations on the Polish market153. This in turn
has translated into strong competition and also frequently into the necessity to modify
the business profile, particularly when it comes to SMEs.
In case of third countries in the years 20042009 there has been insignificant
export growth, as well as small-scale but beneficial changes in its structure (e.g. the groQuoted after: Pi lat czonkostwa w Unii Europejskiej. Polityka zagraniczna i bezpieczestwa, developed by the Department of Strategy and Foreign Policy
Planning of the Ministry of Foreign Affairs, 11 February 2009.
152
Adopted by the Council of Ministers in November 2004.
153
See: K. Marzda, Proces globalizacji korporacyjnej, Oficyna Wydawnicza Branta, Bydgoszcz 2006.
151
418
419
wing share of highly processed goods, particularly in the trade with Malaysia, Indonesia
and the Philippines). It must be underlined, however, that although the volume of trade
has been gradually growing (e.g. with China, India, Russia and Ukraine, and with states
of the Middle East), there has been a sustaining negative trade balance with most third
states, with significant non-tariff barriers restricting further export growth.
Table 2. Value of negative balance in Polands trade with selected partners154
Value of negative balance (in EUR mln)
Country/year
2005
2006
2007
2008 (11 months)
Peoples Republic of China
3 939.3
5 562.2
7 878.0
9 559.9
Russia
4 044.8
5 978.4
5 792.3
7 249.6
Japan
1 445.2
1 513.3
2 107.9
2 397.9
USA
457.1
540.4
1 028.9
1 244.1
Total of the aforementioned negative balance
9 886.6
13 594.3
16 807.1
20 451.5
Total value of Polands negative trade balance
9 746.0
12 858.2
18 626.0
22 339.1
Source: S ynthetic information on Polands exports and imports for 11 months of 2008 in EUR mln, the Ministry
of Economy, the Department of Analysis and Forecasts, Warsaw, January 2009; Foreign trade
JanuaryDecember 2005, the Main Statistical Office, Warsaw 2006.
As regards the Asia and Pacific region in pre-accession period, a significant strengthening of Polands position can be noted, which in the economic dimension was manifested for example in an increased interest in Polish trade offer and growth in turnover
dynamics (imports: 274%, exports: 225%155). At the same time, there has been an increase
in negative balance value by 283%156 Asian countries (including mainly China) attain
the position of the second trade partner of Poland (EUR 20.2 bn in 2007, i.e. 16.75% of
the total value) following the EU. On the other hand, membership in the EU also helped
improve Polands image both within the political and business communities of Asian countries in the case of the latter it was reflected in the growth of Polands investment
attractiveness in the assessment of Asian partners (e.g. Japan). Aside from China, the greatest growth of negative balance was recorded in the trade with the Republic of Korea (by
approximately EUR 470 mln in 2007) and Turkey (by EUR 250 mln)157.
Ibid.
Data for 20042008, quoted after elaboration of the Department of Asia and Pacific Region of the Ministry of Foreign Affairs.
156
USD 24 bn (figures for 10 months of 2008). Quoted after: information from the Department of Asia and Pacific Region of the Ministry of Foreign Affairs.
157
Polska 2008. Raport o stanie handlu zagranicznego, Ministry of Economy, Warsaw 2008, p. 31.
154
155
419
420
Bearing in mind the growing significance of states known as the BRIC group158,
the years 20042009 saw Poland attempting to deepen relations with the said countries,
both at the political and the economic level. This became even more important as the
trade deficit with Russia and Peoples Republic of China was responsible for 89.7 % (EUR
11.5 bn) of the total deficit by 2006159. In the following years the value of negative balance continued to grow. It can be inferred that reasons responsible varied from case to case.
In the case of Russia, focus turned to the prevalence of imports, particularly of energy
and mineral raw materials, the prices of which rose regularly on the world markets in
the discussed period. In the case of China an increased inflow into Polish market of goods
can be noted presently not only of textiles, but to a large extent of electronics or telecommunication devices for example. The main barriers to growth of the Polish exports
can be seen as the scarce trade offer of Polish entrepreneurs, the high costs of promotion,
strong competition from entrepreneurs coming from other states of the European Union,
as well as poor competitiveness of Polish exporters, following from the lack of experience in the markets of third countries, the lack of knowledge of their specifics, and poor
command of foreign languages inter alia.
In case of the states of Latin America, Poland gave top priority to relations with,
first of all, Brazil, but also with Argentina and Mexico, and considered relations with
Chile, Columbia and Venezuela as important ones. Development of those relations has
been largely supported by the mechanism of political and economic consultations at the
level of senior officials of the Ministry of Foreign Affairs, visits of Polish economic mission and the enlivening of the think-thanks activities. Those initiatives, as well as a rise
in activity in the scope of economic promotion, resulted amongst others in the growth in
trade dynamics (162% for imports, 199% for exports; total: 172%160). However, similarly
to the Asian countries, negative trade balance with countries of Latin America has grown
regularly161.
The enlivening of economic relations has also been recorded in the relations
with the states of Africa and the Middle East in the years 20042009. As an example,
the value of trade with countries of North Africa rose from EUR 344.6 mln in 2004 to
EUR 675.6 mln in 2007, of Sub-Saharan Africa from EUR 613.6 mln in 2004 to EUR
BRIC Brasil, Russia, India, China.
Such significant deficit in trade with those markets consumed the entire improvement that took place in Polands trade with 26 EU countries, where deficit of
EUR 3.3 bn in 2003 was transformed into surplus of EUR 4.4 bn in 2006., quoted after: Informacja dotyczca dziaa Departamentu Polityki Handlowej zzakresu
unijnej polityki handlowej oraz istotnych dla Polski decyzji podejmowanych w tym zakresie na forum UE, po akcesji do UE, unpublished paper of the Ministry of
Economy (DPH), 8 January 2009, p. 2.
160
Data for the years 20032007, quoted after a paper of the Department of America of the Ministry of Foreign Affairs.
161
From USD 531 mln in 2003 to USD 1.7 bn in 2007, information from the Department of America of the Ministry of Foreign Affairs.
158
159
420
421
1.2bn in 2007.162, and with countries of the Middle East from EUR 266.9 mln in
2004 to EUR 489,8mln in 2007163. The value of trade with Persian Gulf countries amounted in 2004 to EUR 380.1 mln, and in 2007 already to as much as EUR 851 mln164.
Outcomes of accession included gaining access to the Union trade policy instruments and the possibility of more effective protection of Polish interests in her relations with third countries. During the years 20042009 Poland used those instruments
amongst others by actively participating in the shaping of the Union system of protective
measures165, negotiations concerning the conclusion of an Agreement on Cooperation and
Partnership with China and Russia, Agreements on economic partnership with ACP countries, the Association Agreement with states of the Andean Community and Mercosur
(a potential market for Polish exports), as well as the Framework Agreement with Libya.
Moreover, Poland gained the means to protect her trade interests through participation
in the Doha Round negotiations within the framework of the WTO (particularly as regards the issue of balancing their results between concession granted in agriculture and
the scope of access to markets of third countries in Non-Agriculture Market Access NAMA
and services), involvement in talks on the access to Brazilian agricultural, industrial goods
and services market, as well as through the establishment of free trade zones with South
Korea (and as regards the issue of agricultural products market and balancing of deficit in
car exports), the ASEAN, the Persian Gulf countries and in the South Caucasus region166.
In the post-accession period, the ability to use the said mechanisms has become an important instrument in shaping of Polands economic relations with third countries.
Poland and the Global Social Challenges

The social aspect of globalisation deserves our attention as well. In the case of
Poland, it is manifested first of all in the change of the scale and character of share in
worldwide population movements Poland was not only the home country of leaving
migrants (mainly to the EU-15 states)167; she has also slowly but progressively become
a destination country for migrations, mainly from third countries. Moreover, there has
Major economic partners in Africa include: Liberia (a large number of Polish vessels fly the flag of this country), Nigeria and the Ivory Coast.
Quoted after: information from the Department of Africa and the Middle East of the Ministry of Foreign Affairs.
Adoption of the acquis communautaire contributed to growth of credibility of Poland as a potential market for capital and investments.
165
Including actions launched through activity at the forum of the Anti-Dumping Committee and the Trade Working Group within the EU Council, which resulted e.g. in levying of anti-dumping custom duties on such goods as: frozen strawberries, footwear, sweet maize, ammonium nitrate, bicycle saddles or ironing
boards.
166
Five years of an enlarged EU. Economic achievements and challenges. European economy 1/2009 (provisional version), European Commission, Directorate-General for Economic and Financial Affairs, January 2009, p. 4447, http://ec.europa.eu/enlargement/5years/impact_studies/index_en.htm.
167
For more details see the chapter: Rynek pracy i migracje.
162
163
164
421
422
been a significant increase in tourist traffic during the five-year period of membership in
the EU inter alia due to the development of transport services market in Poland (especially in consideration of the conclusion of new air agreements, expansion of the offer
of carriers and the drop in ticket prices), as well as the growth in societys affluence and
interest in travels, including to exotic countries. Accession to the EU has definitely contributed in a positive manner to all the mentioned developments.
On the other hand, participation in the globalisation processes (supported by the
EU membership) has also increased the feeling of responsibility in the area of global social
issues. Good examples include such challenges as the fight against poverty, HIV/AIDS,
aid for victims of conflicts and natural disasters, prevention of climate change and many
other areas in which Polands activity has increased in recent years to various extent.
Upon accession to the EU, Poland not only gained a new range of instruments enabling
the expansion of activities in all said areas, but in many cases also many new responsibilities. The issues of development and humanitarian assistance can serve as good examples.
Development and Humanitarian Assistance

One of the consequences of Polands membership in the EU has been a change
in Polands status regarding the development aid from aid recipient to aid provider. As
a result, Poland undertook to increase the volume of official development aid regularly.
This value has almost tripled since 2004. In 2007, Poland allocated PLN 1.01 bn (USD
362.83 mln, an increase by 9% on previous year) to development aid168, and to humanitarian aid PLN 4 mln (mainly for victims of natural disasters). It must be pointed out,
however, that the list of Polish Official Development Assistances (ODA) main recipients
has not always been in line with the list of priority states169.
Traditionally, African countries have been a significant recipient of Polish development and humanitarian aid. However, during the last five years, the Palestinian
Autonomy has also been one of priority states, which became the recipient of Polands
training programmes for administration and projects for the improvement of the infrastructure. Moreover, because of her membership in the EU, Poland has gained a strong
position in the area of development assistance provision to the Balkan states (Albania,
Bosnia and Herzegovina, Montenegro, Macedonia, Serbia), particularly in regard to syshttp://www.polskapomoc.gov.pl.
As an example, in 2007 among three main ODA recipients, only Belarus was one of priority countries. Quoted after: 2007. Polska pomoc zagraniczna, report
from monitoring carried out by Polish NGOs, WarsawSzczecin 2008.
168
169
422
423
temic modernisation, transformation and issues relating to the European integration.

For five years, Poland has been also deploying projects financed from the so-called Small
Grants Fund (for the total amount of PLN 12 mln in 2007). Beneficiaries of the programme so far include Afghanistan, Angola, the Palestinian Autonomy, Burundi, Ethiopia,
Georgia, Malawi, Mali, Cambodia, Kenya, Congo, Rwanda, Senegal, Sierra Leone, Tanzania, Zambia, and in Europe Belarus, Moldova, Serbia and Ukraine. Since 2007, the
Small Grants Fund has also become one of the important elements of the Polish strategy
towards Latin America and the Caribbean (value of development aid deployed in the
region through this fund amounted to PLN 530 thousand in 2008)170.
Other achievements in the area of development and humanitarian assistance included Polands promotion to the group of 25 largest donors of CERF (Central Emergency
Response Fund)171, established in 2005 pursuant to a decision of a UN summit, where
Poland gained the position of the largest provider of CERF assistance in the CEE region.
In the context of her activities, Poland paid particular attention to the issue of the fight
against world poverty (in consideration of the Declaration of Millennium Development
Goals172 and of the commitment to realise these objectives by 2015) while trying at the
same time to ensure that the committed funding would bring about the expected development impulse. Despite these efforts, Polands activities as assistance provider in accordance with standards envisaged for developed countries still need to be further expanded173.
Poland in the Face of Global Migration Movements

Change in the potential of human capital and dynamics of population flows is
another aspect of globalisation and at the same time, as in case of Poland, a consequence
of transformations that have taken place during the past five years of Polands membership in the EU. This development can be described with regard to several aspects.
Migrations of Poles to other EU states have been so far most frequently discussed174. An
equally important issue is the migration of third country nationals to Poland (including
such issues as employment, educational migrations, as well as protection of borders and
Quoted after: Pi lat czonkostwa w Unii Europejskiej. Polityka zagraniczna i bezpieczestwa, paper from the Department of Strategy and Foreign Policy Planning
of the Ministry of Foreign Affairs, 11 February 2009.
171
Central Emergency Response Fund.
172
As well as the Paris Declaration on Aid Effectiveness and Accra Agenda for Action (AAA).
173
Pursuant to assumptions of the European Consensus on Development of December 2005, Poland should increase the amount allocated to EU aid budget from
0.09% GDP in 2007 to 0.33% GDP in 2015.
174
The issues of migrations of Poles to the EU and of illegal immigrants were deliberately left out from the above chapter, as ones described in earlier papers (e.g.
in the chapter: Rynek pracy i migracje).
170
423
424
prevention of illegal migration175). Finally, tourist traffic also needs to be addressed as

a separate subject (considering the flow in both directions from Poland to third states
and from third states to Poland).
Before the accession to the EU, Poland had been mainly a transit, and not destination, country for migrants from third countries. This situation started to change due
to such factors as the improvement of the economic conditions owing to the reform
and modernisation processes, as well as the growth in attractiveness of Poland after her
accession to the EU. In the post-accession period there has been a significant growth in
dynamics of migration flow, which is evidenced by the growing number of applications
for the right to permanent stay176 or for a work permit visa177 (which is closely related to
the fact that there has been a clear outflow of Polish labour force into markets on other
EU states during membership period). As a result, a niche has emerged in the Polish
labour market, which has been gradually filled by non-Union employees (mainly from
countries neighbouring with Poland, particularly Ukraine, and presently also from nonEuropean states, such as China, Vietnam, Pakistan or India). Owing to the Schengen
procedures, the number of illegal immigrants has not increased178. In the coming years
a growth in the inflow of labour force from Asian states can be expected which to a large
degree will be employed in the realisation of projects relating to the preparations of the
European Football Championships Euro 2012.
A separate issue is the growing number of students from third countries enrolling
at Polish universities during the past few years. Data from the International Relations
Office of the University of Warsaw (BWZ UW) shows that in 2003 the University of
Warsaw (UW) accepted 1602 foreigners, in 2006 3028 (growth by 39% the largest
percentage growth since 2000), and in 2007 3843 persons (growth by 26.9%)179. Among
third states, the largest number of visitors came from Ukraine (537 in 2006) and Belarus
(239 in 2006). Moreover, the UW has held negotiations concerning the initiation and
tightening of cooperation with universities from the area of Commonwealth of Independent States, Australia, Asia, South America and Africa. There has been particularly
significant development of contacts with academic communities from countries of Asia
and Latin America180.
For more details see the chapter: Accession to Schengen and internal security.
Statistics of the Office for Foreigners, http://www.udsc.gov.pl.
Ibid.
178
For more details see the chapter: Accession to Schengen and internal security.
179
Sprawozdanie roczne Rektora Uniwersytetu Warszawskiego za rok 2006, Warsaw 2007, UW; Sprawozdanie roczne Rektora Uniwersytetu Warszawskiego za rok
2007, Warsaw 2008, UW.
180
Ibidem.
175
176
177
424
425
The enlivening of academic contacts with third countries confirmed by statistics

may be attributed to, among others, the growing attraction of university-level schools,
ensuing from EU membership and the adoption of Union standards a result of theimplementation of the Bologna process, and low costs of education as compared to other
EU states181. The consequences of this process may be twofold: direct financial injection
following from significant tuition fees from numerous foreign students, and in a longer
time perspective a direct one, e.g. a possible change of intellectual capital potential
(through provision of education to the growing number of foreigners, with many deciding to stay in Poland182), which will definitely be visible in multi-annual perspective
(particularly bearing in mind the outflow of Polish experts to other EU states, which was
clearly visible in post-accession years).
Significant enlivening of the tourist traffic dynamics, both from and to Poland,
has been another consequence of the accession to the EU. In the case of third states, this
trend has been mainly attributed to the development of transport services market in
Poland (and to a drop in air ticket prices), the implementation of EU rules concerning
tourism183, and to the growth of interest in Poland following from many promotion actions advertising Poland as a destination country for tourist traffic. It is worth noting that
the number of tourists from China more than tripled during that period, increasing from
4976 in the pre-accession period (2002) to 15,072 in 2006. At the same time, the number
of Poles travelling to China rose from 23,341 in 2002 to 52,698 in 2006. An almost fourfold growth was also recorded for Hong Kong- the number of Poles visiting it rose from
6310 in 2003 to 22,852 in 2007184.
Polands Fight Against Global Climate Challenges

From the perspective of five years of Polands membership in the EU and her active participation in the globalisation processes, the issue of environment protection, and
especially that of the prevention of climate warming, gained particular significance.
As an EU member, Poland has implemented various projects in the area of environment protection in recent years. The activity in the area of fight against global warBasing on the data from the BWZ UW it can be estimated that in the years 20032007 five thousand foreigners took advantage of various forms of education at
UW. See.: http://www.bwz.uw.edu.pl/Dane%20liczbowe%20BWZ-cudzoziemcy%20za%204%20lata.xls.
182
Which can be testified e.g. by growing number of applications for permits for permanent stay. See the statistics: http://www.udsc.gov.pl.
183
See the documents of the European Commission, e.g. A renewed tourism EU policy: towards a stronger partnership for European Tourism (2006), Agenda for
a sustainable and competitive European Tourism (2007).
184
http://www.e-unwto.org.
181
425
426
ming, for the sake of an example, has ensued from the membership in the so-called
Troika Climate Change185. It reached its zenith during the 14th session of the Conference
of Parties to the UN Convention on Climate Change and the 4th Meeting of Parties to the
Kyoto Protocol held on 112th December 2008 in Pozna. As a result of the negotiations,
a decision was reached on the adoption of the Pozna Technology Transfer Strategy
regulating the process of technology transfer to developing countries. It also formed the
basis for the initiation of works on a detailed elaboration of the Adaptation Funds operating rules, of the purpose of which was to support initiatives of developing countries in
the area of the fight against global warming186.
During the meetings, participants also addressed the interests of states whose
economies are based on coal. Poland was one of the EU countries that actively participated in the negotiations on the so-called energy and climate package187. Poland supported
Union commitments on the reduction of CO2 emissions by 2020, while raising many
reservations concerning the proposed method of their attainment. In the context of these
negotiations, Poland underlined the necessity to develop solutions that, while maintaining ambitious reduction targets, would not harm the development of economies, particularly in the case of the countries that have not entered the post-industrial stage yet188.
Poland has undertaken actions for the benefit of initiation of international cooperation in this regard, particularly as concerns FDIs or technology transfer. One example of such activity is the signing of the Polish-Japanese declaration on climate cooperation189. Another activity includes Polands participation in the realisation of various
projects, including those relating to the implementation of so-called mechanism of joint
implementation (including cooperation with Canada and Japan), constituting an instrument of effective reduction of the emission of greenhouse gases into atmosphere. The
advancement of cooperation with third states in this respect also constitutes an important element of the strategy for strengthening the image of Poland as an environmentfriendly country both in the context of the EU and the international forum.
It included the states hosting three subsequent sessions of the Conference, i.e. Indonesia, Poland and Denmark (Bali 2007, Pozna 2008, Copenhagen
2009).
186
Other results of the summit include: making decision on financing Carbon Capture and Storage projects under funding from Clean Development Mechanism, adoption of a declaration of third states on greenhouse gases emission reduction (e.g.: USA by 80% until 2050, Japan by 50% until 2050, as well
as Australia, Norway and others), as well as a review of the Kyoto Protocol, its verification and identification of new challenges, as well as adoption of the
Action plan for 2009.
187
For more details see the chapter: Polityka europejska Polski.
188
Poland stressed the necessity to balance the package, proving e.g. that less affluent countries are encumbered with disproportionate costs, although in many
cases they had already made significant CO2 reductions since 1990.
189
Polish-Japanese Declaration on climate cooperation, signed on 14 October 2008, in the frames of the United Nations Convention on climate change and the
Kyoto Protocol.
185
426
427
Conclusions
Globalisation is a permanent and unavoidable process, bringing along many challenges. Poland, recognized as one of the so-called rising economic already in mid-1990s,
has presently become an active participant of the globalisation process due to the accession to the EU. While the accession to NATO in 1999 was regarded by the international
community as a factor stabilising Poland within Euro-Atlantic structures, the accession
to the EU has additionally strengthened her position as a country that sought to observe
Union rules in the area of economy and trade.
The enlargement of 2004 brought significant changes both in Polands foreign
policy and in the external actions of the entire EU. It has certainly contributed to the
strengthening of Polands position in the world, to the building of good relations with
neighbours, as well as to the support of democratisation processes, the participation in
regional cooperation, and activities at the forum of the UN and other international organisations. At the same time, Polands membership in the EU has become an impulse for
revaluation of Polands foreign policy, its priorities and targets and directions of involvement. By acceding to the Union, Poland gained the possibility of active participation
in the making of the Union policy towards the world. Thus, the possibilities to realise
Polands priorities in this area have expanded. The EU membership has become a new,
extremely important and potentially very effective instrument for the realisation of foreign policy. Poland was included in the process of defining EU policy vis--vis regions
and countries, towards which it had not been particularly active before due to limited
resources and instruments of influence. This in turn has allowed the Polish foreign policy to diversify the directions of interest.
Polands accession resulted in significant changes also in her relations with the
EU member states. An intensification of bilateral relations can be noted, and meetings at
the highest level during bilateral and international summits have become more frequent.
Political dialogue with those states began to focus to an even greater extent on the European agenda, the future of the integration processes and their international implications.
An important element of this dialogue was the identification of shared interests and the
search for compromise solutions whenever positions diverged. While the increase in the
number of member states has not made this task any easier, the enlargement did increase
the ambitions and reinforce the need to improve dynamics of the EU foreign policy. As
427
428
a result, the post-2004 period has been an important period in the reinforcement of the
Unions identity as a key actor on the international arena and in a global dimension.
The years 20042009 strengthened the positive image of Poland as an active state
in the process of the making of the EU foreign policy. The continuation of such involvement is especially important, should provisions of the Lisbon Treaty enter into force,
so that the coming years may become a period of dynamic development of the common
foreign policy. It is important that the voice of Poland and other new member states be
present during the process of its making.
The enlargement had also had important implications for Polands position in
the world in the social and economic dimension. The EU membership has provided the
necessary instruments to positively influence growth in the dynamics of economic relations with third countries. As a result, there was enlivening of economic relations with
third states both in the area of investments and trade in the post-accession period. Whether this trend continues will largely depend on the global economic outlook as well as
on the strategy of the Polish economic policy. The economic slowdown recorded since
2008 as a consequence of global financial crisis- has translated into darker prospects for
further development of economic cooperation with third states. However, this period
should be seen as an opportunity for reducing the adverse effects of the crisis for Poland,
in order to help improve the global business outlook in the future.
Moreover, the image of Poland has visibly improved in economic and political
circles of non-European countries. There has been a growth in interest in economic
cooperation with Poland as a partner offering products and services of high (Union) quality at relatively low prices. It is up to Poland to use this opportunity to her advantage.
Particularly striking in this context is the lower level of outlays on R&D in Poland as
compared to the most dynamically developing economies; this may result in decline of
the competitiveness of Polish economy in medium and long-term.
Upon her accession to the EU and as Polands economic situation improved, there has been a gradual but visible growth in migration pressures from third countries to
Poland, which is increasingly being chosen as the destination country for migrants. This
development will intensify in the coming years and may become a significant challenge
in the future.
It should be underlined that in contrast to the foreign and security policy despite her potential, Poland has not brought about any significant contribution to the
socio-economic policy of EU relations with third countries. Traditionally, Poland has
428
429
maintained promising contacts with the majority of non-European states, which may be
of in the intra-Union context. Nevertheless, a significant room for improvements remains in the area of economic relations between Poland and third countries.
Summing up, in the few recent years as a member of the EU, Poland has become a beneficiary of globalisation processes. In order to keep reaping those benefits it
is important for Poland to maintain a strong position both within the EU in globally.
Relations with third countries may very well play a very important role in the future,
and in the times of a continuously globalising world, their shape will largely determine
Polands position on the international arena.
429
430
Managing the Polish European policy

One of the big challenges that Poland faced in connection with accession to the
EU, was devising its own system for coordinating European matters. To a large extent,
the effectiveness of that system determines the quality of our countrys participation in
the EU decision-making process and thus its influence on the direction of EU policy in
various areas.
The process of shaping the system for coordinating Polands European policy
actually began long before accession and was based on earlier experience of coordination
of cooperation with the then European Community and the European Union during the
association period or the accession negotiations. On the date of accession a qualitative
change took place. Poland began to participate in policy making, as well as was shaping
EU laws. In the five years of Polands presence in EU structures the system for coordinating European policy has developed, reflecting the process of learning the rules and
principles applying in Community institutions.
Taking over and exercising the leadership of the EU Council will represent a complement of Polands hitherto experience as an EU member state. For this time, it wont
involve merely managing our own membership, but steering the work of individual EU
Council configurations, committees and working groups.
The system for coordinating European policy

Every EU member state has developed its own system for coordinating European
matters. These systems differ from one another in the degree of centralisation, the extent
of decision-making rights for individual ministries and offices participating in the work
of EU institutions, the level of decision-making and settling disputes.
430
431
Its only natural that the solutions adopted by member states should be analysed
from the point of view of their efficiency and also to a degree with the aim of ultimately transferring the most effective instruments and procedures into national solutions. However, it should be clearly stressed that there is no one system which could be
regarded as universal. Each country defines its own methods of coordinating European
policy, taking into consideration such aspects as: administrative traditions and culture,
the political system, experience from earlier stages of cooperation with the European
Communities or European Union e.g. from the association period, the adjustment process or accession negotiations.
The foundations for the Polish system for coordinating European affairs have
been laid in 1991, with the nomination of the Government Plenipotentiary for European
Integration and Foreign Assistance and creation of the Office of the Government Plenipotentiary within the then Office of the Council of Ministers. The coordinating instruments and mechanisms then initiated gradually evolved, expanding and deepening and
were, above all, adapted to the ever closer and ever more dynamic relations between Poland and the European Communities, and then with the European Union. An important
stage in this process was gaining the status of a member state in 2004. Further evolution
of the coordinating system cannot be excluded190.
Institutional aspects
The system for coordinating Polish European policy in place since 1 May 2004
was devised in 2003 and was implemented from March 2003 to May 2004. In this
period, Polands representatives (as well as the other candidate countries) began participating in meetings of EU institutions and could present (without the right to take
part in formal decision-making) positions on draft legal acts and documents in preparation.
The principles and mechanisms for the functioning of the system were defined
in the document adopted by the Council of Ministers on 4 March 2003 System for coordinating European policy in the period preceding Polands membership of the EU. In
connection with accession, by a decision of the European Committee of the Council of
On 23 December 2008, the Council of Ministers adopted the Law on government system for coordinating matters connected with the membership of the
Republic of Poland in the European Union, which, on 20 January 2009, was submitted to the Lower House (Sejm).
190
431
432
Ministers of 27 April 2004, the functioning of the principles laid down in this document
has been extended beyond 1 May 2004.
The system for coordinating Polish European policy is a result of the experience
gathered by the Polish government since 1991, when the Government Plenipotentiary
for European Integration and Foreign Assistance was appointed and also a result of the
gradual evolution and fine-tuning of the instruments and mechanisms used while implementing the association agreement between Poland and the EC (the Europe Agreement),
during accession negotiations and during the adjustment period.
In 1996, on the basis of the Law of 8 August 1996 on the Committee for European Integration191 the Committee for European Integration (KIE) and the Office of the
Committee for European Integration (UKIE), supporting KIE, have been established. The
KIE, as a supreme body of state administration, is chaired by the Prime Minister192 and is
responsible for planning and coordinating Polands EU integration policy. It comprises
ministers members of the Council of Ministers responsible for: public finance, economy, labour and social policy, agriculture and rural development, the Treasury, home
affairs, foreign affairs, environment, transport, health, and justice.
By the Law scope of responsibility of the KIE includes in particular:
l
coordinating Polands adaptation and integration processes as well as initiating,
organising and coordinating actions shaping those processes, especially in the
economic and social spheres,
l
initiating and coordinating adjustment work in the area of legal institutions and
evaluating draft legal acts as to their compliance with EU law,
l
cooperation with the European Commission in terms of implementing the individualised set of integration requirements,
l
assessing the course of adjustment processes,
l
coordinating acquisition and utilisation of foreign assistance funds,
l
taking actions regarding the informational, conceptual and staff preparation for
integration processes.
The Committee played a very important role in coordinating the work of the ministries and central agencies in the area of preparing the Republic of Poland for EU membership and working towards the objectives of Polish European integration policy in the
pre-accession period. After Polands accession to the EU, the KIE meetings frequency
191
192
432
Dz.U. No 106, item. 494 as amended.

Under the Law, the Chairperson of the KIE is the Prime Minister or a member of the KIE nominated by the PM. The PM appoints the Secretary of KIE.
433
diminished. In the period from 1 May 2004 to 2008, four meetings of the KIE took place.
They were dedicated above all to the negotiations on the New Financial Perspective and
implementation of the so-called Lisbon Strategy193.
Taking into account the growing number of issues requiring attention, often of
relatively lesser importance, not always requiring decisions at cabinet level, in November 2001 the KIE Preparatory Team (ZP KIE) was created to work at deputy ministerial
level in between meetings of the KIE. Between 7 November 2001, when the first meeting
of the Team took place, and April 2004, 162 meetings of the Team were held. The ZP KIE
turned out to be an efficient body, allowing for effective reactions to ongoing developments in Poland-EU relations.
The European Committee of the Council of Ministers

The positive assessment of the Teams effectiveness resulted in a decision to
strengthen its position and reconstitute it as a standing committee of the Council of
Ministers. Regulation No 30 of the Prime Minister on 23 March 2004194 called created
the European Committee of the Council of Ministers (KERM), as one of three standing
cabinet committees. The KERM became a central element of the process of coordinating
Polish European policy from the moment of its creation.
The composition of the Committee apart from its chairman and deputy chairman also includes representatives at the level of secretary or undersecretary of state
(deputy ministers), whose duties include matters of European policy195. Additionally,
representatives of other central public administration institutions have standing invitations to attend meetings or attend as invited guests, should their competencies be of
particular relevance from the point of view of shaping European policy. Representatives
of the Chancellery of the President of the Republic of Poland, the Chancellery of the Prime Minister, the Public Procurement Office, the Office of Competition and Consumer
Protection, the National Bank of Poland and also the Government Legislation Centre are
invited to all meetings of the Committee. In addition depending on the scope of the
documents under discussion representatives of other institutions and central agencies
More on this subject in the chapter titled Political perspective.
M.P. No 57, item 646 as amended.
195
In each Ministry and central agency a vice-minister was appointed (or vice-president in the case of agencies) responsible for the coordination of European policy
in the area of responsibility of the Ministry (or agency).
193
194
433
434
are also invited on an ad hoc basis (e.g. Central Statistical Office, Office of Electronic
Communications or Polish Committee for Standardisation). It is worth emphasizing that
the participation of institutions from outside the government administration in the work
of the KERM is a continuation of the practice from the period of association, when a full
participant in all coordinating meetings and co-author of all programming documents on
adaptation activities was, for example, the National Bank of Poland.
The KERM was empowered with the right to take decisions in cases where power
had not already earlier been reserved for the exclusive competence of the Council of
Ministers. Thus, the Committee fulfils the role of an operational decision-making body,
within which decisions are agreed, and the majority of issues resulting from Polands
European policy are resolved. The Committee guarantees the necessary flexibility in the
process of arriving at an agreement and the ability to react rapidly, where necessary, to
newly arising situations connected with working with EU institutions. Furthermore, it
resolves conflicts, if necessary, between ministries, arising during drafting of positions
later to be presented by government representatives during the work of the European
Council (Council) and the Committee of Permanent Representatives (COREPER), and
sometimes also in connection with the work of Council working groups. The Committee
submits to the Council of Ministers draft documents and solutions in matters where it
has been unable to reach a final decision or matters reserved for the Council of Ministers.
The draft laws looked at by the KERM are agreed on from the point of view of their compliance with EU law and then passed on for approval by the Committee of the Council
of Ministers or directly to the Council of Ministers.
The range of matters and documents considered by the KERM is very wide. The
KERM in particular examines:
l
reports from the Council of Ministers on Polands participation in EU work;
l
schedules for legislative work connected with implementing EU legislation in
Polish law and reports on the progress on these schedules;
l
draft laws implementing EU legislation into Polish law;
l
reports from the Council of Ministers on the course of procedures of EU lawmaking,
and draft positions to be taken by representatives of the Council of Ministers;
l
draft decisions concerning allocating funds coming from the EU and foreign assistance;
l
positions for EU Council and COREPER meetings;
l
positions on EU reforms;
434
435
positions on draft EU legislation;

l
positions concerning EU documents subject to consultation with member states
and assessments of these documents as formulated by the appropriate institutions
or other EU bodies;
l
positions concerning the EU Councils work plan, annual legislative programmes
of the European Commission and assessing the annual legislative plans drawn up
by the European Parliament (EP) and the Council;
l
positions concerning draft international agreements to which the European
Union, European Communities or their member states are to be a party;
l
positions concerning draft EU documents not having legal force, in particular
proposals for guidelines adopted in the areas of economic and monetary union,
and also employment;
l
decisions in the area of matters connected with proceedings before the European
Court of Justice;
l
documents concerning the human resources development at ministries and central agencies;
l
plans for public information campaigns on the consequences of Polands membership in EU and reports on the implementation of these programmes;
l
reports on the progress of work associated with the translation of community
law.
In practice, in the five years of Polands membership of the EU, in carrying out
tasks associated with coordinating Polands representation in the work of EU institutions, the KERM examined and accepted:
l
over 440 instructions for meetings of the Committee of Permanent Representatives (COREPER I, COREPER II), and reports from them,
l
over 300 instructions for meetings of the EU Council as well as about 180 instructions for informal meetings of EU ministers, and reports from them,
l
drafts of about 850 government positions in relation to non-legislative EU documents.
An important role of the Committee is also the coordination of the harmonisation of Polish law with EU law. As part of this, since mid-2004 the Committee adopted
about 250 draft acts implementing EU law and about 100 draft Council of Ministers regulations, which then in accordance with procedure were passed to the permanent
Committee of the Council of Ministers or the Council of Ministers.
435
436
On 11 March 2004, the Law on cooperation of the Council of Ministers with

the Sejm and the Senate in matters concerning membership in European Union was
adopted196, becoming an important element of the mechanism of coordinating European
policy, ensuring tighter parliamentary control over the activities of the government in
European matters197.
The Law requires the government to pass to the Sejm and Senate of the Republic
of Poland, immediately on receipt, EU documents which are subject to consultation
with member states, in particular the White and Green Papers, communications from
the Commission and their assessments formulated by EU bodies, plans of Council work,
annual legislative programmes of the European Commission and their assessments carried out by the European Parliament and Council, draft EU legal acts, draft international
agreements, draft decisions of representatives of member states, draft acts not having
legal force, draft acts having significance for the interpretation and application of EU
law as well as agendas and reports from meetings of the EU Council. The government
has been required to submit information to the Parliament on Polands participation
in EU work no less than once in every six months as well as information on the course
of procedures instituting EU law as well as government positions taken during these
procedures.
Before a draft EU law is considered by the EU Council, a government is required
to acquire the opinion of the Sejm and Senate by way of presenting written information
on the position (together with justification and impact assessment) that the government
intends to take at the meeting of the Council. These positions are discussed at meetings
of the Sejms and the Senates EU Affairs Committees.
In connection with implementing EU law, the government was required by the
Law to submit, no later than three months before the passing of the deadline resulting
from EU law, a draft law implementing the EU legislation. If that deadline is longer than
six months, then it should be done five months before the expiry of the deadline.
Under the law, the Parliament reserved the right to issue opinion on Polish candidates for members of the European Commission, the Court of Auditors, judges of the
Court of Justice and Court of First Instance as well as the Advocate General of the Court
Dz.U. No 52,item 515 as amended.
In accordance with the protocol on the role of EU member state parliaments, annexed to the Treaty of Amsterdam, between the presentation of a draft act by
the EC to the EP and Council and the date of its entry into the Councils agenda (either to take a decision or to pass an act or accept a common position) a period
of at least six weeks should pass, but this deadline isnt always respected. The above period should be, in accordance with this protocol, used by the govenrnment
of member states to carry out internal procedures involving government and parliament cooperation (it is at the same time a period in which parliamentary
reservations can be raised at meetings of working groups).
196
197
436
437
of Justice, and also the Representatives of the Republic of Poland in the Committee of
Permanent Representatives, Committee of the Regions, Economic and Social Committee, and director in the European Investment Bank.
Carrying out the duties imposed on the government, the KERM agreed in total
over 2300 government information and positions in relation to EU draft legal acts passed
to Poland. In accordance with the procedure, the information and positions adopted by
KERM were passed to the Sejm and Senate of the Republic of Poland.
The KERM also receives, at the same time recommending their scrutiny by the
Council of Ministers, the half-yearly reports on the participation of Poland in the EU
works, prepared by the Office of KIE as part of its duties under art. 3 para. 1 of the Act.
These documents, prepared after each Presidency, upon approval by the Council of Ministers, are passed to the Parliament.
The number of matters requiring the involvement and decisions of the KERM
led to the necessity of organising two meetings per week the meetings take place at
fixed times: on Tuesdays at 4pm and Fridays at 9.30. They are preceded by coordination
conferences, at hich all items on the agenda are discussed and agreed. These meetings
are called on the level of directors of departments responsible for coordinating European policy issues in the ministries and agencies participating in the work of the KERM.
During discussions, all the documents submitted for consideration by the Committee
are discussed. All comments, formal reservations (already submitted or planned) are assessed. Participants of the conferences agree the comments and potential amendments
to documents arising from the comments announced. The results of the meetings are
referred to the Committee by the Chair of the meeting, together with proposals, if any,
for new amendments or corrections agreed at directorial level. Once these agreements
reached at directors level are confirmed by KERM, the documents are accepted by the
Committee. The European Committee of the Council of Ministers, albeit possessing the
right to conduct formal votes, works on the basis of consensus and only in very limited
circumstances is the instrument of voting used. For this reason documents on which,
following the conference of directors and discussion in the KERM forum, differences of
opinion remain, are directed for further consultation whenever possible or practical (this
does not concern documents with deadlines, such as, e.g. draft instructions). Based on
the working method of EU institutions, items on the agenda agreed at the level of directors are marked on the agenda as, so-called, point A, while documents requiring detailed
discussion or resolution of potential differences are marked with the letter D.
437
438
In the course of five years of Polands membership of the EU, there have been
over 440 meetings of KERM.
Procedural aspects
Support for the work of the European Committee of the Council of Ministers (and
also the Committee for European Integration) is provided by Office of the Committee for
European Integration (UKIE), successor and inheritor of the Office of the Government
Plenipotentiary for European Integration and Foreign Assistance.
The fundamental task of the UKIE is to guarantee the smooth flow of the process
of national agreement on European matters from the stage of forward-looking longterm analyses, through to the stage of programming and practical implementation above all in the Council and its auxiliary bodies to ensuring the smooth implementation
of the laws and political decision of the EU. Carrying out these tasks, the UKIE initiates
the process of drawing up government positions on draft EU legal acts as well as nonlegislative documents.
The UKIE receives all the documents passed to it by the Councils General Secretariat to the Member States. These documents are delivered in an electronic format
only, via the U32 Mail/Extranet system198 and are further distributed in electronic form
by the UKIE to the appropriate institutions199. Sending the documents, the UKIE at the
same time designates the institutions that are to participate in drawing up the position
as well as the deadline on which the position is to be ready. These deadlines result from
the Act on cooperation of the Council of Ministers with the Sejm and Senate in matters
associated with membership of the EU (regarding draft legislation) or the pace of work
of EU institutions (non-legislative documents).
Draft government positions are subject to coordination and agreement procedure. The position on legislative documents after acceptance by the KERM is sent to the
relevant Sejm and Senate committees. The Sejm and Senate EU Affairs Committees have
the right to express an opinion on a draft EU legal act within 21 days of receiving the
draft position from the government. A government position to an EU document which
has received a positive opinion by the Sejm and the Senate constitutes the basis for the
198
199
438
With the exception of particularly large documents (large electronic files) and classified documents, which are delivered by other means.
Annually, the Council Secretariat passes on about 30,000 different kinds of documents.
439
preparation and presentation of the detailed position of Poland in relation to specific

questions discussed at the Council working groups, COREPER and the Council itself200.
The process of drawing up instructions is coordinated by the UKIE, which ensures
the cohesion and completeness of the positions, and on the other hand oversees that all
the necessary parties are included in the consultation procedure and that the deadlines
for work resulting from the calendar of meetings of individual working groups are met.
Arrangements referring to the work of Council working groups are carried out on a working level, primarily with the use of electronic communication. In select cases, where
particularly justified, questions concerning the work of Council working groups are raised
at KERM level this occurs in cases where differences cannot be settled at working level.
They are, however, infrequent. All instructions (in working groups, COREPER or the Council) are drawn up on a uniform template and contain information about Polands representative, the detailed position to be presented during discussions (indicating the negotiating margins, where necessary), and also elements which might be used at discretion of the
Polish participant depending on the course of the discussion. The instruction also contains
a detailed justification of Polands position which is intended only for the delegate.
In the Council working groups Poland is represented by experts (ranging up to
department directors level inclusively) employed in the civil service. The decision regarding the institutional responsibility for individual groups are taken by the KERM on the
proposal from UKIE. The list of experts in individual working groups is managed by the
UKIE (in the electronic form of an on-line data base).
After finishing the work on the document at working group stage, the matter is passed on for further processing by the Committee of Permanent Representatives COREPERI or
COREPER II. Instructions the Polish Representative in COREPER I are prepared by the
UKIE and cover issues within the competency of the following Councils: Competitiveness,
Environment, Transport, Telecommunications and Energy, Education, Youth and Culture,
Employment, Social Policy, Health and Consumer Affairs as well as select issues from the area
of Agriculture and Fisheries. Instructions for the Polish Representative in COREPERII are
drawn up by the Ministry of Foreign Affairs and include matters which at successive stages
in the decision-making process are looked at by the Economic and Financial Affairs Council,
Justice and Home Affairs Council and the external relations part of the General Affairs and
In the case of Parliamentary remarks, which the governments shares and wishes to feels they should be incorporated into the Governments position, the
leading institution immediately prepares a report on the Governments modified position, which, after confirmation by the KERM is passed on once again to the
Parliament and the Senate. In the case of Parliamentary remarks which do not need to be heeded, the leading institution presents at the first coming meeting of
KERM information on the cause of the difference of opinion. After acceptance by the KERM and Council of Ministers, the information is passed on to the Parliamentary Committee for European Union Affairs.
200
439
440
External Relations Council agenda. Draft instructions for COREPER I and COREPER II are
submitted for approval by the KERM and then sent to the Republic of Polands Permanent
Representation to the EU by the UKIE (COREPER I) and MFA (COREPER II) respectively.
The next stage after COREPER in the EU decision-making process is the examination or acceptance of the document by the EU Council. Polish representatives participating in meetings of individual Council formations are supplied with instructions
which are subject to inter-ministerial agreement. After completion of the agreement
procedure the draft instructions are passed to the UKIE in order to be submitted to the
KERM. It is worth noting that the requirement of drawing up instructions and having
them agreed and approved by KERM concerns also the so-called informal meetings of
the EU Council.
For each configuration of the EU Council, the institutional responsibility for preparing instructions has been established. This division is presented in the table below.
Table 1. Preparation of instructions for individual Council configurations division of tasks in
the Polish administration
Council Configuration
Responsible institution
General Affairs and External Relations
Ministry of Foreign Affairs and UKIE
Economics and Financial Affairs
Ministry of Finance
Agriculture and Fisheries
Ministry of Agriculture and Rural Development
Justice and Home Affairs
Ministry of Interior and Administration in cooperation

with the Ministry of Justice
Transport, Telecommunications and Energy
Ministry of Infrastructure, in cooperation with the

Ministry of the Economy and the Ministry of Interior
and Administration
Competitiveness
Ministry of the Economy in cooperation with the

Ministry of Science and Higher Education
Environment
Ministry of the Environment
Employment, Social Policy, Health and Consumer

Affairs
Ministry of Labour and Social Policy in cooperation

with Ministry of Health and also the Office of
Competition and Consumer Protection
Education, Youth and Culture
Ministry of National Education in cooperation with the

Ministry of Culture and National Heritage
Source: Authors own.
Just as in the case with instructions for working groups, so, in the case of drawing
up instructions for Council meetings, UKIE experts actively participate in this work,
440
441
supporting the relevant institutions with their expert knowledge and monitoring procedural aspects.
The UKIE constantly monitors the agendas for the Committee of Permanent Representatives COREPER I and COREPER II as well as configurations of the EU Council.
In cases where a draft legal act is included in an agenda, in relation to which Sejm or the
Senate have not expressed their opinion, and less than six weeks have passed since the
draft was sent by the Council Secretariat General (a period resulting from the protocol to
the Treaty of Amsterdam on the role of Member States Parliaments n the EU), the UKIE
passes on the information regarding the necessity of tabling parliamentary reservations
in regard to the given document. Attached to the instruction submitted to the KERM is
the report on the position that the government intends to take during each successive
meeting of the Council in relation to the EU legal acts present in the agenda for a given
meeting. This report after adoption by the KERM is passed to the Sejm and the Senate
in order to meet the legal requirement to seek opinion of Parliament on directly prior to
the draft legal act being considered in the Council.
Reports are drawn up from all meetings of working groups, committees and the
EU Council, containing a description of the course of the discussion and the conclusions
resulting from them for Poland. Reports from the COREPERs and Councils are passed
to the UKIE in order to be submitted to the European Committee of the Council of Ministers for approval.
Polish positions for meetings of EU heads of state and governments, i.e. in the
European Council, is part of the inter-ministerial coordination procedure. Work on
the document is carried out together by the UKIE and the MFA, in close collaboration
with the Chancellery of the Prime Minister. Other ministries are also frequently involved in the work, depending on the particular subject proposed for discussion by the
presidency. This document doesnt contain proposals to be officially announced or used
depending on the course of the discussion. It does contain, however, information on
the political position of Poland on the issues proposed by the presidency. KERM adopts
information concerning Polands position in the European Council recommending it to
the Council of Ministers which in turn looks at the position itself. After the summit,
a report is drawn up on the course and results of the European Council together with
conclusions. This document is received by the KERM and then recommended to the
Council of Ministers.
441
442
Conclusions
The preparations for membership, and particularly membership in the EU, introduced significant changes in the functioning of the Polish central administration.
Among the most important was the fact that matters connected with European policy
initially associated with meeting the requirements of the association agreement, later
with accession negotiations, ceased to be a matter external to the national policy. This
meant that it became essential to actively engage in programming, coordinating and then
implementing European policy not only units responsible for the internal coordination
of European matters in individual ministries and central agencies, but also in practically
every single organisational unit, including those that normally were not part of activities
connected with EU cooperation, such as offices of Director Generals or administrational and financial offices. This process also included every level of the administrational
hierarchy from experts participating in working groups to members of the Council of
Ministers participating in Council sessions.
This process was accompanied by another phenomenon triggered by the sheer
volume of documents discussed and the pace of the discussions in the EU institutions
which involved lowering the level on which agreements were reached in many matters.
These agreements started being reached in informal procedures. Even though initially
this met with a certain amount of resistance, with time decisions reached in electronic
form, during working meetings or via telephone conversations, especially with regard to
the working group level, became standard procedure. Decisions reached in this way are
made mainly by experts, rarely at the level of department directors and only in specific
cases are confirmed by way of exchange of official correspondence.
Another innovation was the work on documents whose subject area was often
within domains of more than one ministry or central agencies while appreciating the
fact that the positions presented by the Polish representatives in working groups,
committees or the Council are treated as the Polish position and not that of individual ministries.
The above are only but an example of the most important factors which indicated the necessity of ensuring an effective system for coordinating European matters. Alongside them, there have been new experiences such as frequently working
outside the mother institute, which makes contact with experts more difficult, or
442
443
daily work in foreign languages. These experiences were shared by all the countries
acceding to the EU.
The system for coordinating European policy enabled active participation in
EU institutions from the first day of Polands membership of the EU, and even earlier,
when under the active observer status Poland was perceived as a country well-prepared for active participation in the work of the European Union i.a. because Polands
representatives, participating in the working groups and Council sessions were equipped with clear, coherent and internally (in Poland) agreed instructions. These assessments were confirmed by the actual participation of Polish experts and high representatives in working groups, the COREPER and the EU Council. It is clear that in all
Member States situations occur where agreeing a position and presenting it coherently
is difficult on account of internal factors, such as technical or organisational problems
or political discussions. Similarly, in the case of Poland, issues could be pointed out
on which the position left room for some further coordination. It should be clearly stressed, though, that these problems were connected with questions of relatively
minor political significance, not affecting the economic development of Poland or its
political position in the EU. Thanks to the solutions adopted in the Polish system of
coordinating European policy, Poland presented from 1 May 2004 a coherent position
on all levels of political discussion and in the EU decision-making process, and in many
important areas, the policy constituted a catalyst for change in the approach of the
EU e.g. in relation to the vision of the future of the Common Agricultural Policy or
external EU relations.
443
444
Source: Authors own.
Cooperating
Institutions
Agreeing of the
position
Council S.G.
Leading
Institution
UKIE
KERM
KERM
Working
groups
KERM
Parliament
Scheme of the procedures for coordinating Polish European policy in the EU Council
COREPER
EU Council
Implementation
of position
Adoption of
position
444
445
olands preparations for assuming presidency of the EU

P
Council in 2011
On 1 July 2011, Poland for the first time assumes the presidency of the Council
of the European Union, beginning its six month leadership of the European Union as
the fourth country after Slovenia, the Czech Republic and Hungary of the so-called
new members to do so. Polands leadership of the EU will have crucial significance for
the realisation of Polands strategic interests in the EU as well as for shaping Polands
image in Europe.
EU presidency entails:
l
leading the ongoing work of the European Council, the Council of the EU and its
preparatory bodies,
l
representing the Council of the EU in its relations with other community institutions,
l
representing the Council of the EU and the Union itself in relations with third
countries and international organisations.
The first presidency requires particularly careful preparations, as depending on
its success or failure the ability of our country to meet its responsibilities as an EU member state will be assessed. About 1,500 people will be engaged in this work till 2011, both
in institutions in Warsaw as well as among the Permanent Representatives of the Republic of Poland in the EU and in diplomatic posts around the world.
The experience of other countries

Beginning in Spring 2007, intensive consultations with member states that have
already held the presidency or are preparing to do so have been and still are being conducted (Netherlands, Austria, Finland, Germany, Slovenia, France, the Czech Republic,
Sweden, Spain, Belgium, Hungary). Within this framework, from the beginning of 2008
training for Polish officials with the participation of staff from EU institutions and the
administrations of member states are being organised covering all aspects of organising
the presidency. Particular attention is attached to questions of organisation, staff training
and coordinating preparations.
445
446
An enormous number of factors influence the way the presidency will be assessed. A part of them, such as command of foreign languages among officials, familiarity
with negotiating techniques, efficient transport, well-prepared documents, are largely
reliant on the country preparing for presidency. However, others, such as the prioritisation of issues, achieving compromise in the Council or ultimately the atmosphere during
the informal meetings, are not under the control of the state, though they affect the evaluation of its achievements. Those with experience of the presidency warn, it doesnt
matter what was in the final report, its important the wine was good and the transport
punctual. Therefore, efforts should be made to ensure all the elements under the control
of the organiser are prepared as thoroughly as possible.
For obvious practical reasons, the best point of reference are the more recent
presidencies. In the case of Poland this is, among others, Finland, Germany, or Sweden,
which is preparing to take the presidency for the second time. A separate group is composed of those countries that acceded to the EU in 2004 and have already experienced
the difficulties of presidency, that is Slovenia, the Czech Republic and Hungary, who are
preparing almost in parallel to Poland. A closer analysis reveals that there are considerable differences in the starting points, but the problems that the countries from this group
have to deal with are similar. Their roots lie in the relatively short period of membership,
ineffective procedures, excessive bureaucracy and financial restrictions.
Many of the proposed activities have no precedence, which can equally simplify
work as significantly slow it down. It does, however, enable in each case the proposal of
modern, economical solutions, serving the modernisation of Polish administration and
development of its human resources. The preparations are also aided by the ongoing participation in the EU decision-making process, forcing a focus on the work of the presidency, helping to identify its aims and tactics as well as encouraging contacts to be made.
From the point of view of EU countries, the statement can be heard that the feeling of
full membership was only achieved after the first presidency.
Practical use of the experiences of other countries has been possible, among other
reasons, because of the conference organised in November 2008 by the UKIE Efficient and
effective organisation of the presidency the experience of member states involving experts
from Finland, Slovenia and the Polish Embassy in Germany. They presented their experience in the area of organising the presidency with particular emphasis on the elements of logistics and planning. Almost one hundred people attended the conference representing almost
all the ministries and agencies engaged in the preparations for the Polish presidency.
446
447
In November and December 2008, the UKIE, in collaboration with the European Institute of Public Administration (EIPA Polish division) organised two
training sessions with the involvement of experts from other countries for those
taking part in the Council of the EUs working groups. The seminars were given to
50 government administration staff Polish representatives in working groups. The
training taught the participants about matters associated with the tasks of the presidency, as well as the so called soft skills conducting negotiations in the European
environment.
The structure of preparations

For the most efficient and professional preparations of the presidency, the Council of Ministers adopted, on 15 July 2008, the resolution appointing the Government
Plenipotentiary for the Preparation of Governmental Administrative Bodies and the
Republic of Polands Presidency of the Council of the European Union201. This function is exercised by the Secretary of State of the Office of the Committee for European
Integration, and its support staff is provided by the UKIE. The resolution bestows on
the Plenipotentiary a range of tasks outlined in its 2, among the most important of
which are:
l
coordinating the actions of government bodies in terms of preparing for leadership of the Council of the European Union;
l
coordinating work connected with the preparation of the programme and timetable for leadership of the Council of the European Union, including the most
important goals of the Republic of Poland which are to be achieved in this period,
and also coordinating work connected with the choice of sector priorities of the
Republic of Poland and the priorities of the presidency;
l
coordinating work aimed at assessing the amount of funds necessary for expenses
connected with the preparations and exercise of the presidency of the Council of
the European Union;
l
maintaining contacts and sharing experiences with the administration bodies of
member states who have carried out or are currently carrying out preparations
for leadership of the Council of the European Union;
201
Dz.U. No 133, item 843.
447
448
coordinating cooperation between institutions responsible for the preparations

for presidency of the Council of the European Union of countries exercising joint
presidency together with the Republic of Poland.
The Plenipotentiary is required to produce periodic (quarterly or more frequently if he or she deems it necessary) reports on their activities and inform the KERM, the
Council of Ministers and the Prime Minister of any problems and threats to the implementation of the preparation process.
The main inter-ministerial forum for agreeing and taking decisions remains as
in other European matters the European Committee of the Council of Ministers, as
a permanent cabinet committee, composed of the Secretaries and Under-secretaries of
State responsible in their ministries for European matters. The committee has been regularly informed by the Plenipotentiary on the course of the preparations, been familiarised with reports as well as discussed and approved the course of actions. Depending on
the political importance of the dossier under discussion, the KERM can recommend that
the Council of Ministers take a look at it.
The Plenipotentiary is aided by four assessment and advisory groups, created on
the basis of 5 of the above regulation, which are composed of officials from the ministries and institutions most interested in or responsible for the subject area of that groups work. They function currently in the following areas: managing human resources,
budget, logistics and promotion and culture.
Alongside the central level, coordinating the work, intensive preparations have
taken place in ministries and central agencies, and also in the Parliament. The ministries
were responsible for preparing an initial sector programme, a draft meeting organisation
project and also the choice and development of staff.
Employees of ministries and offices involved in the preparations for presidency create
the Presidency Service, and are divided into the following categories depending on the functions and tasks they will carry out during the presidency: working group leaders and their
deputies, national delegates, subject matter coordinators and organisational coordinators.
The Plenipotentiary also began a dialogue with political circles and social groupings, with the aim of passing on the report on the course of preparations. Three times,
in June, July and October 2008 in the Parliamentary Committee for European Affairs of
the Republic of Poland, the Senate Committee for European Affairs of the Republic of
Poland and at a plenary sitting of the Parliament of the Republic of Poland respectively,
the report on the current state of preparations was presented.
448
449
Human resources development

In May 2008, the Office of the Committee for European Integration drew up and
sent to ministries and central agencies a questionnaire aimed at assessing the status of
preparations of individual units of public administration for taking over the presidency
of the Council of the European Union in the second half of 2011. The results received
were used in presenting proposals for essential organisational and training activities. On
this basis, as well as based on an assessment of the engagement of individual ministries in
the decision-making process, a training plan was prepared which constituted an important element of the organisational and staff preparations.
The first training sessions associated with the presidency have already taken place. From January to April 2008, using TAIEX funds, one hundred people from different
ministries were trained on the practical aspects of preparing member states for taking the
presidency of the Council of the European Union. In the UKIE, a pilot programme is in
progress teaching office employees French French for the presidency. Additionally,
an analysis of the training market in terms of hard and soft skills connected with exercising the presidency has been carried out.
In November 2008, the project Strengthening the motivational system in the
Polish civil service began to be implemented. One of the components of the project
provides for expert support for the Polish administration in terms of creating a cohesive
system for identifying and delegating national experts to work in EU institution, and also
participation of members of the civil service in serving Polands presidency of the EU.
The effective execution of tasks associated with presidency of the Council of the
European Union will to a large extent depend on the ability to appoint the right staff,
therefore it is important for the presidency service to include people with the relevant
subject matter knowledge, interpersonal skills and good command of foreign languages.
These people will be covered by a system of training on the subject of the EU (law, institutions, policy), soft skills (negotiating, mediating, group and time management, information) and languages: English and French. An incentive is also provided for under the
programme, in the form of bonuses.
The maintenance of a stable staff list is of particular importance to the completion of the tasks associated with the presidency, that is until 2012. Meanwhile, in the
Polish circumstances, public administration is not the most attractive employer, though
449
450
recruitment procedures demonstrate that a great deal of interest exists in the subject of
the presidency among job candidates. Paradoxically, the economic cycle, financial crisis
and growing unemployment may aid the public sector in finding employees looking
more for stability than high earnings.
Logistics
Coordinating the logistical aspects of the preparations has been taken on by the
Government Plenipotentiary. At the same time, it needs to be pointed out that the preparation of each meeting planned during the Polish presidency requires close collaboration between the ministry responsible for the subject matter-related content of a given
meeting with the office supporting the Plenipotentiary.
The presidency entails, among other things, the organisation of about 120 meetings, including more than a dozen at ministerial level in the country presiding over
the Council of the European Union, as well as holding in Brussels, potentially in Luxembourg and in third countries, of about 3000 meetings of almost 250 working groups
and EU Council committees and its nine configurations at ministerial level, and also
preparing and organising two sessions of the European Council (one of the meetings
can have an informal character and take place in the country of the presidency) as
well as summits with third countries (e.g. EU USA, EU Russia, EU ASEAN). The
calendar of summits shows that during the Polish presidency there could be about
seven of them, however, they traditionally take place alternately in the country of
presidency and in a third country, and thus Poland will not organise all of them on its
own territory.
The representatives of the country exercising the presidency also maintain daily
contact with the European Commission and the European Parliament, and also with the
remaining institutions in order to coordinate the work of the entire European Union.
From the point of view of organisation, the biggest challenge is the informal meetings, held in the country of presidency. Practice reveals two models: a centralised one,
with a single centre for meetings and a decentralised one, with a number of meeting places. An example of the first approach is Slovenia (presiding over the EU in the first half of
2008), who, to minimise the risk and costs, built a conference centre between the airport
and the centre of Ljubljana. A majority of countries, though, tends towards spreading the
450
451
map of meetings, since, despite the higher organising costs, it makes it possible to show
the assets of different regions and cities. Poland also leans towards such a solution.
In the Polish instance, a set of criteria that a potential meeting place had to meet
was already worked out in 2009, differing depending on the category of the meeting. All
the regions submitted their proposals which, from the beginning of 2009, have been analysed by a specially appointed committee. Representatives of the services responsible for
state security, diplomatic protocol and the overall coordination of preparations are now
working on it. The governments intention is to organise outside Warsaw approximately
half the meetings at ministerial level, as well as a range of expert meetings, seminars and
conferences. This will require good collaboration with the regions, but their high level of
enthusiasm and engagement can already be seen, which bodes well for the future.
Information and publicity

An important element of the preparations are the information activities, directed
both internally, to national recipients: citizens, politicians, the media, social partners, as
well as externally, to citizens of other countries, or the decision-makers in Brussels.
At the end of 2008, a strategic report was prepared that analysed, on the basis
of opinion polls and interviews, the needs of different groups of recipients. The starting
point was the creation of key messages around which different informational activities
should be organised, such as:
l
The success of the presidency is the best promotion of Poland and the best means
to change the stereotypes and the occasionally negative image of Poles around
the world;
l
Thanks to the presidency Poland will become better recognised in the international arena;
l
Thanks to a successful presidency, confidence in Poland as a responsible partner
will grow;
l
Poland is a responsible partner fully rooted in European Union structures;
l
Poland is able to balance its own interests and the interests of the remaining EU
member states, while exercising the presidency of the Council of the European
Union it will be guided by the common good of the EU;
l
Poland can be an effective and creative leader.
451
452
Under the strategy, numerous actions are proposed for disseminating knowledge
of the presidency and informing about what it involves. It is planned to include the subject of the presidency into actions already up and running (e.g. My school in the European Union, the Schumann parade), and also into many other new ones in large part using
the Internet. Aware of the fact that it has become a significant channel for information
and debate, it will be used intensively both in the preparation period, as well as during
the actual presidency. To this end, the Internet portal for the Polish preparations has
been set up: www.prezydencjaue.gov.pl.
Over the next few months, the plan is e.g. to organise a competition for the presidencys logo, which will then be placed on all printed materials, on the official website
and everywhere where events associated with the Polish presidency are to take place.
An additional element of the publicity campaign is the cultural events at home
and abroad organised either specifically on the occasion of the presidency, or independently of it, which will be allowed to use the presidencys logo. In the Ministry of Culture and National Heritage, an initial calendar of periodic events has been drawn up, while
the Adam Mickiewicz Institute presented the underlying aims of the cultural programme during the Polish presidency.
S trategic documents and monitoring the preparation

process
The basis for the preparations is established, and their range is described in detail,
by The Programme of Preparations by the Republic of Poland to Take Over and Exercise
Presidency of the Council of the European Union accepted by the Council of Ministers
on 13 January 2009. The Programme of Preparations focuses on questions of drawing up
the priorities of the Polish presidency, the logistics aspects of exercising the presidency,
managing human resources and information and publicity.
Work on the programme has been going on practically from the moment the Government Plenipotentiary at the UKIE was appointed, along with inter-ministerial teams.
The KERM passed the programme on 28 October 2008, recommending the necessary
additions resulting from the remarks of the ministries be made, as well as presenting for
the decision of the Council of Ministers several questions of crucial importance, such as:
a model for the presidency, the principles of the motivational system for employees and
452
453
an analysis of desirable changes to legal regulations whose current shape might render the
effective implementation of the preparations more difficult. Included in the list of issues
on which the government must reach a decision is the problem of choosing the locations
for about 120 informal meetings which are to take place in Poland during its presidency.
The Programme of Preparations accepted by the government represents a starting
point for drawing up the budget for the presidency. First, an analysis was carried out
as to how the matter of finance has been resolved by other member states. It should be
pointed out here that the methodology for creating the budget as well as the amount of
funds allocated is the type of information that other countries are not too keen to share.
The information gathered shows, however, that it is almost impossible to collect complete data, especially when talking about the decentralised presidencies, in which the bulk
of the responsibilities, and along with it the expenditure, fell on the ministries.
Also in the case of centralised presidencies, it can be seen that the costs of presidency are normally found not only in separate lines of the budget, but also in ongoing
expenses on equipment and investments, while the costs of the work of officials and
fixed costs are practically never separated out, and are probably not included in the total
calculation. Publicly available figures therefore are burdened by a lack of completeness
and precision.
Budgets for the presidency, bearing in mind the reservations mentioned above, range in recent years from EUR 70 mln to 190 mln. After the settlement, the presidencies usually inform as to what savings they made (the French presidency mentioned EUR 30mln),
but they rarely admit to the necessity of increasing the initial budget. The Czech presidency,
still during the preparation period, amended its plans from EUR 118 to 130 mln.
The Polish budget for the presidency covers the years 20092012. In 2009, a specific budget allowance was established for preparing for the presidency, totalling PLN
8.1mln. This sum should cover part of the expenses on training, internships and study
visits as well as certain promotional activities, and also expert opinions, reports and essential translation work.
The budget for the years 20102012 is being prepared in the form of a multiyear
budget. Since autumn last year, work has been underway both in the ministries as well as
centrally to optimise the budget so as to enable, with regard for the difficult external conditions, the presidency in line with the ambitions and potential of Poland. For as long as the
programme is not accepted by the Council of Ministers, it is difficult to be certain of the final
amounts planned. They should be on a par with the European average in the last few years.
453
454
Programming preparations
Presidency of the Council of the European Union is linked with the necessity
of identifying the most important areas for the potential activity of the EU during the
period of the presidency, with detailed action plans for the individual forums within the
Council, which Poland will lead, as well as establishing the priorities for the presidency
in these terms.
External factors complicating the current stage of work on the programme have
been indicated, nevertheless the work is progressing. The starting point was an analysis
of variants of the European agenda, that is reflections on the subject areas Poland would
like to see on the Councils agenda in the second half of 2011. Accepting that the average
duration of work in the Council on a given dossier (using the co-decision procedure) is
approximately two years, it can be assumed that draft legal acts sent by the European
Commission today to the EU Council will be the subject of debate in working groups and
committees during the time remaining for the Polish presidency.
2009 is the last opportunity to add your own subjects to the calendar on which
Poland would like to work during its presidency. It should be recalled here that impartiality is demanded of the presidency (the honest broker principle, and not being directed by national interest), and thus the influence on the shape of future decisions must
be exerted appropriately early. There is no point in hiding, though, that each presidency
aims as fully as possible to reflect its interests in the work of the EU, it is important, however, that it occurs with respect for the rules, both those laid out in treaties, as well as
the unwritten rules of cooperation of EU member states.
Alongside subjects resulting from the ongoing work schedule are those which
must be taken at a specific moment. These include, say, the negotiations for the new
financial perspective (as per the Treaty of Lisbon: a multiyear financial framework),
which will fall to Poland in 2011, or potentially, which is however ever more likely,
Icelands accession negotiations.
From the point of view of work on the programme, the most important thing is, however, the third category of topics, namely those that the future presidency places among
its priorities. They have to take into account the programme of the whole trio, as well as
the preceding trio and particularly of its last member, in our case Hungary. The presidency
lasts barely six months and no serious initiative can be implemented in such a short time.
454
455
The difference between the programme and the priorities of the presidency should
also be remembered. The priorities are to be the most important points of the programme
and dont describe everything the presidency intends to do. Many presidencies also try
to initiate discussion on an important, current topic, in the full knowledge that the final
debate will fall to somebody else. Concidering the example of climate change (a subject
initiated by the German presidency), it is clearly visible that in some cases it is better to
open the debate than to have to bring it to a spectacular, albeit shared, success.
Excellent knowledge of the interests, specificity and sensitivities of member states
is essential for the efficient conduct of work. This needs to be learned well in advance,
so as not to be surprised during the course of the presidency by a sudden and apparently
incomprehensible difference of opinion, regardless of whether it concerns an argument
over an apparently unimportant matter, or an opposing approach of two countries to
crucial, strategic issues. Looking on the one side at the EUs agenda, and on the other, at
Polands interests, it can be assumed that the leading parts of the programme will be occupied by such matters as e.g. the new financial perspective, Eastern Partnership, energy
policy or strengthening the common market.
Work on the programme is carried out in the ministries, in accordance with the
principle of competent ministries, while coordinated by the Government Plenipotentiary. In early spring, the first programming debate between the trios is planned, with the
participation of external partners, such as civil society organisations and national as well
as Brussels-based think-tanks dealing with European issues.
Cooperating as a trio
From the beginning of 2007, the countries holding the presidency have been
grouped into threes, or trios202. The structure of the trio comes from negotiations for the
Constitution Treaty, which, in terms of the presidency, set itself the goal of improving
cooperation among countries holding the post successively and also, on account of EU
enlargement, shortening the time interval between successive presidencies of a given
country. In the course of the work, the idea of a group presidency was abandoned, which
was to have been composed of three countries leading the EUs work together for a year,
This concept shouldnt be confused with the so-called troika, which designates the group of three countries successively exercising presidency. It was established then that the actual presidency cooperates above all with its predecessor and successor.
202
455
456
extending that period to a year and a half without precisely outlining the method of
cooperation. This proposition was carried over to the Treaty of Lisbon and was reflected
in the interpretation of the Councils decision from the beginning of 2007, in accordance
with which the trios began to operate from the German presidency. This doesnt in any
way mean abandoning cooperation between successive countries from different trios,
more so, their role, as the outermost of the group, increases.
In accordance with the decision of the Council nr 1/2007, the sequence of presidencies until 2020 has been established.
Table 1. Schedule of presidencies 20072020
YEAR
I HALF
II HALF
2007
2008
Germany
Slovenia
Portugal
2008
2009
Czech Republic
France
Sweden
2010
2011
Spain
Hungary
Belgium
2011
2012
Denmark
Poland
Cyprus
2013
2014
Ireland
Greece
Lithuania
2014
2015
Latvia
Italy
Luxemburg
2016
2017
Netherlands
Malta
Slovakia
2017
2018
Estonia
Great Britain
Bulgaria
2019
2020
Austria
Finland
Romania
Source: Own work based on the attachment to the Council decision of 1 January 2007 (O J UE L 1, p. 12).
The choice of countries for trios was guided by the idea, in accordance with
which they were to represent highly different groups, and thus small and large countries,
old and new, north and south. As the first, the presidency in successive trios is taken
by a large country, being a natural leader.
Polands partners in the trio are Denmark and Cyprus, who will hold the leadership in the Council of the European Union respectively in the first and second half of
456
457
2012. Poland, as can be seen from the above, is in this trio the first, and the largest, on
whom special responsibilities rest. The government is trying its best to meet them, initiating many action groups, e.g. programming consultation, exchange of information on
planned training, or publicity activities.
Conclusions
The preparations for the Polish presidency are being carried out in a difficult
moment, both from the point of view of internal as well as European policy, including
the timetable of events in the European Union. The national difficulties experienced as
a result of the financial crisis as well as the predicted economic slowdown may affect the
scale of the preparations in terms of meetings organised, investment, the accompanying
programme or the motivational system for employees involved in the preparations.
The ambitious aims must come face to face with reality in such a way as makes
possible the efficient and professional conduct of the preparations, and then to hold the
presidency with simultaneously thorough and thrifty management of public funds. The
point of reference for Poland should be not the French presidency, conducted in grand
style during a period of prosperity, but rather the modest, but also successful presidencies of the Scandinavian countries, such as Finland or Denmark.
The most important thing for the course of the preparations, though, will be what
Europe has to deal with in 2009. The solution to the fate of the Treaty of Lisbon is not yet
known, whose introduction will influence both the preparations and exercising of the
presidency, changing the range of responsibilities and competencies of those holding it.
Finalising the process of ratifying the Treaty of Lisbon and its enactment will
begin the process of implementing its provisions and the creation of new institutions
which will significantly modify the range of tasks and division of responsibilities between them and the rotational presidency. Acceptance of the treaty will begin the process
of establishing new institutions: a permanent chair of the European Council as well as
a High Representative for the Common Foreign and Security Policy as well as building
their support structures. There is no way to predict whether that process will finish by
the middle of 2011, or at which stage it will be then. It can be assumed with a high degree of probability though that, for example, the External Action Service of the European Union will not yet be fully formed and despite the operation of the Treaty of Lisbon
457
458
the rotational presidency will retain, at least temporarily, some of the tasks associated
with external representation and presence in third countries.
Bearing in mind the circumstances described above, the Polish government is
preparing for a full-blown presidency based on the current basis of treaties, taking into
account the scenario with the potential adoption of the Treaty of Lisbon. It should at the
same time be noted that both models have their pros and cons. The current model makes
it easier to emphasize the existence of the rotational presidency, and together with that
to influence the fate of the European Union and act in its name in the international
arena, whereas the Lisbon model carries less of a burden for the country of presidency
as well as introduces a range of important change to the political system, beneficial from
the point of view of the cohesion and continuity of EU actions.
Regardless of the final political shape of the presidency in the second half of
2011 the above remarks illustrate the scale of the challenge that is facing Poland. This
concerns not only public administration officials, but also academic circles, non-governmental organisations, local governments, artists and the civil society. It is a challenge
without precedent, the meeting of which will help to build Polands position as a responsible and strong member of the European Union, and give Poles a sense of pride in their
country and its presence in the EU.
458
459
Implementation and application of EU law

In line with expectations expressed in pre-accession period203, Polands accession to the European Union brought significant consequences for law-making activities.
Since accession, beside national legal order, Poland has been bound also by the EU legal
system based on founding treaties and on secondary law made by EU institutions. As
a consequence, some Community legal acts (regulations, decisions of the Commission
addressed to member states) became directly applicable in Poland. Others (directives)
required timely transposition by Poland. Moreover, Poland was covered with Community judiciary system. A matter of equal importance was the fact that upon accession
Poland gained the possibility to influence the shape of individual legal provisions in the
EU legislative process and their interpretation by Community courts. At the same time
initiatives promoted at the EU level provided Poland with an opportunity for improvement of the quality of Polish law, both binding and being made.
Implementation of Better Regulation initiative

Lawyers, civil servants and politicians participate in law-making on daily basis.
The idea behind Better Regulation (alternately called regulatory reform) is to improve the
way how new legislation is made and to improve the quality of the existing legislation.
Better Regulation focuses on impact of law instead of focusing on the content of legal
provisions. It is impossible to infer this impact with the use of intuition; it necessitates
employment of a relevant process. This process consists, inter alia, in problem identification, identification of the position of the public opinion, assessment of economic, social
See e.g.: M. Szpunar, Polski system prawny w perspektywie czonkostwa w UE straty i korzyci, [w:] Korzyci i koszty czonkostwa Polski w Unii Europejskiej.
Raport z bada, Centrum Europejskie Natolin, Warsaw 2003, p. 96104.
203
459
460
and environmental impacts of the planned provisions in several options, and finally, in
selection of the most advantageous one. The process is named regulatory impact assessment (RIA) or impact assessment (IA) and is performed with a view to enacting new
legal acts. The binding legal acts are also covered with quality assessment regime. One of
RIA methods is to carry out regular reviews from the viewpoint of burdens to economic
activity, level of adjustment costs, excessive formalities and complexity of procedures
present in binding law. Measures aimed at simplification of legislation are performed on
this basis. Another element of Better Regulation is to strengthen communication with all
regulators between Community level and national level as well as social opinion.
The European Council obliged the European Commission to prepare actions in
the area of better law-making in 2000204. Publication of the first report establishing the
main principles of better regulation in the European Union (EU) in 2001 set out the framework of the Better Regulation initiative and determined the character of subsequent
programme works thereon205. This intensification of the discussions and actions at EU
level fell at the period of 2004 enlargement, thus significantly influencing the range of
the discussion both in the old and the new member states. The 2005 mid-term review of
the Lisbon Strategy, the economic agenda of the European Union, stressed that building
of competitive and sustainable EU economy should be supported by high quality of regulatory environment.
This chapter aims at presenting and evaluating Better Regulation initiative in Poland from pre-accession period to December 2008. Conditions of Polands accession to
the EU followed from initiatives undertaken within non-EU international structures
prior to accession. A role in this respects was played by the Organisation for Economic
Cooperation and Development (OECD). This chapter also assesses Polands influence on
the shape of Better Regulation initiative within the European Union. The OECD played
a role again after Polands accession to the EU. A review of application of good lawmaking principles under auspices of the European Commission was performed by the
OECD in new member states in 2006.
Membership conditions in the years 20042009 have been determined by preparation of regulatory impact assessments used for estimation of the costs of the acquis
communautaire implementation in the pre-accession period. The necessity to represent
The United States were the first state to implement an impact assessment system. In 1970ties Presidents Henry Ford and Jimmy Carter introduced an obligation to draw up an analysis of costs and benefits for regulatory drafts. The government of Margaret Thatcher introduced in mid-1980ties the obligation to assess
adjustment costs to be borne by entrepreneurs as a result of states regulatory measures. Since 1990ties the European Commission has carried out partial economic
analyses of draft Community law.
205
Mandelkern Group on Better Regulation, Final Report, 13 November 2001.
204
460
461
national interests at the EU level during accession negotiations and after the accession,
during works on a draft legal act in the Council of the European Union (where greater
attention is paid to substantive arguments than in the legislative process at national level) mobilised Poland for building negotiation strategies based on regulatory impact assessment. Results of such assessments were used for formulation of Polish position papers
and for negotiations of transitional periods, temporarily excluding Polish undertakings
from binding force of the acquis communautaire.
se of Better Regulation principles in presentation of national

U
interests in the EU before and after accession
As an OECD member state, Poland committed itself to initiate better regulation
measures, including in particular introduction of regulatory impact assessment. This followed from a conviction the initiated legal solutions were important for operation of
the economy. This conviction became reinforced in 1990ties, when many new solutions
were introduced into Polish legislation as a result of adjustments of law to the requirements of membership in the EU206.
It turned out during accession negotiations that it was the use of instruments
RIA in practice and not determination of the principles that mattered (i.e. the principle of law quality improvement did not matter). Drafting of RIA contributed to improvement of the competitiveness of Polish undertakings compared to EU businesses.
Impact assessments performed during accession negotiations constituted a pilot stage of
the methodology in Poland.
The main targets from the viewpoint of costs were: implementation of the acquis communautaire in a manner that is optimal for national economy and the society; and
minimization of the costs thereof (financial costs for the state budget and adjustment
costs for undertakings). The assessment aimed at supporting the development of position papers and identifying the areas where it was necessary to apply for transitional
periods (identification of appropriate duration of transitional periods on the basis of
IA). RIA was closely related to the element of social consultations. Moreover it aimed
at supporting entrepreneurs and other groups in the process of preparations for Polands
membership in the EU.
W.M. Orowski, Propozycja metodologii oceny skutkw regulacji z 2001 r., [w:] Ocena skutkw regulacji poradnik OSR, dowiadczenia, perspektywy, W. Springer,
W. Rogowski (red.), Warsaw 2007, p. 19.
206
461
462
There was awareness of the necessity to perform assessment of economic, financial, legal and social costs of EU policies and of the adopted acts of the acquis communautaire, as well as of the fact that various methods of policy implementation may bring
about different effects. Without such knowledge the government would be unable to
carry out effective accession negotiations or to present exhaustive information to individual social groups helping them prepare for accession207.
On the threshold of the accession negotiations process, the lack of capacity to
carry out impact assessment was one of the most common weaknesses, not just in Poland but also in other accession countries, and constituted a serious threat to the adoption of the acquis. There was too great preoccupation with the drafting of the legal text
transposing the acquis, rather than with its substance or economic and social impacts.
Insufficient attention was paid to practical issues and to the question of how a law, once
enacted, was to be implemented.
This approach was manifested in the structures programmed for accession negotiations. The main role was assigned to the Government Centre for Strategic Studies
(GCSS), which was entrusted with the task of assessing the commitments assumed
in negotiation papers from the viewpoint of socio-economic effects. The Ministry of
Finance was obliged to coordinate assessments of the budgetary effects of the commitments adopted in position papers. However, the structure appointed for assessment
of socio-economic impact disappointed hopes set on it. Such situation followed, inter
alia, from the fact that the mechanism for performance of IA formally did not exist
at that time (the first RIA was performed for directives concerning work health and
safety in 2000, whereas the obligation to conducted RIA was formally introduced into
Polish legislation in the second half of 2001208, and the first pilot training in RIA was
carried out in November 2001). The ministries were not properly prepared for performance of an analysis of various possible implications of the chosen line of actions.
The task of a thorough assessment of socio-economic effects seemed to be mission
impossible considering the fact that accession entailed necessity to implement over
1500 directives209.
S. Tokarski, A. Mayhew, Impact Assessment and European Integration Policy, Sussex European Institute, Warsaw 2000, p. 3.
A formal requirement to perform RIA in the process of drafting legal acts was introduced into Polish legislation in September 2001 through resolution No. 125
of the Council of Ministers amending the resolution the Rules of works of the Council of Ministers (Monitor of Laws of 2001, No. 33, item 547), which introduced
the term regulatory impact assessment and the requirement to perform assessment of the envisaged socio-economic effects (costs and benefits) of regulation
before drafting a normative act and to present the results of the performed social consultations __ on the Rules of the Council of Ministers binding at that time.
Methodology for performance of such assessment was specified as late as in 2003.
209
Data after the database of the Notification of National Implementing Measures kept by the European Commission.
207
208
462
463
As a result, the first impact assessment projects were carried as ad hoc ventures
of officials directly attending to the Chief Negotiator210. The need for them was driven
by European Commissions invitations for Poland to review its request for transitional
periods or to provide more data to better justify them.
Impact assessment projects carried out during accession negotiations focused
mainly on social and environmental legislation. A part of legislation in this area can
be extremely costly to implement, another part can be extremely complicated. Most
legislation in those areas is desirable in medium- and long-term but in the short run in
can adversely affect financial stability of enterprises or impose heavy burdens on public
finance. Most costs surfaced fast and were real, while most benefits were expected in
long-term perspective and with uncertain effects, determined by many other factors.
A characteristic feature of impact assessments studies carried out in the area of
environment protection211 was the fact that costs and more specifically compliance costs
were to a larger extend taken into consideration than potential benefits. This was because discussions on the impact of the European integration in the field of environment
protection were completely dominated by the issues of the related costs. Both the Polish
government and the European Commission (which ensured financing for RIA projects in
this area) were interested solely in costs. For the Polish government this was an important bargaining argument in favour for granting transitional periods (although in case of
very thorough studies some requests proved unnecessary and were withdrawn). For the
European Commission this was an argument in favour of attracting the largest possible
public financing from pre-accession funds to the environment protection sector, mainly
at the cost of transport one.
Even before accession it was noticed that RIA can support presentation of national interests in the legislative process within the European Union. Many member states
use RIA for assessment of draft acquis. According to experts, due to limited influence
of the member states on legislative process in the European Commission, drafting of
RIA for draft Community acts helps national administrations in identification of proper
A special document was developed for the benefit of accession negotiations, defining relationships between impact assessment and European integration policy
(S. Tokarski, A. Mayhew, Impact Assessment and European Integration Policy). The methods for performance of such assessment was defined as late as in 2003:
Methodological basis for regulatory impact assessment.
211
Impact assessment studies conducted in the environment field: Council Directive 97/43/Euratom of 30 June 1997 on health protection of individuals against the
dangers of ionizing radiation in relation to medical exposure, and repealing Directive 84/466/Euratom, Council Directive 1999/13/EC of 11 March 1999 on the limitation
of emissions of volatile organic compounds due to the use of organic solvents in certain activities and installations, Directive 98/70/EC of the European Parliament
and of the Council of 13 October 1998 on fuel quality and amending Council Directive 93/12/EEC, Regulation (EC) 2037/2000 of the European Parliament and of the
Council on substances depleting the ozone layer, Council Directive 88/609/EEC of 24 November 1988 on the limitation of emissions of certain pollutants into the air
from large combustion plants, Directive 2001/80/EC of the European Parliament and of the Council of 23 October 2001 on the limitation of emissions of certain
pollutants into the air from large combustion plants.
210
463
464
negotiation priorities and in entering coalitions with other member states. Reliable analytical data allow for a polemics based on merits of the case with results of assessments
performed by the Commission212.
The best example of how RIA can represent national interest after accession were
negotiations on climate and energy package in 2008, when significant differences surfaced between estimates of the European Commission and assessments of experts and
the member states as regards adoption of proposed solutions. Possession of substantive
evidence might help challenge the figures of the European Commission and change the
tone of the discussion. A macroeconomic model for calculation of distribution of permits
among the member states under the European Emission Trading System (ETS) was designed in Poland to assist in negotiations on climate and energy package, but at the same
time many analyses were drawn up to estimate impacts of the package for Poland under
several different scenarios. This required analytical thinking because in many cases never-ending consideration of various scenarios was inadequate. Moreover it was necessary to identify their pecuniary impacts. Moreover a horizontal outlook of the Union
agenda and combination of the issue of the package with e.g. energy security was also
necessary. The analyses influenced the shape of Polish position paper; this was the fundamental use of RIA in negotiations. The Assessments provided additional knowledge
about emission reduction system and at the same time offered information on emission
permits trading options (cap-and-trade), alternative methods of emission reduction (e.g.
benchmarks), forecast emission permit prices, emission permits floors and ceilings and
identification of socio-economic impacts of the entry of the package into force. Besides,
the analyses helped present or justify Polands negotiation strategy. One of them served
solely the purpose of recapitulating the results presented so far and allowed for substantive polemics with European Commission calculations. Another one served, on the one
hand, as a concise recapitulation of expert knowledge, and on the other as an analysis of
potential solutions that may be adopted at the European Council meeting and targeted
main decision-makers (the prime minister, ministers). Its main objective was to identify
priorities and lines of negotiations.
Another example of representing national interests in the legislative process
within the European Union is the possibility (being in place since 2009 due to Polish
initiative) to adjust Union legal solutions to regional and national conditions. During
R. Zubek, Analiza polskiej praktyki oceny skutkw regulacji w latach 20012005, [w:] Ocena skutkw regulacji poradnik OSR, dowiadczenia, perspektywy, ed. by
W. Springer, W. Rogowski, Warsaw 2007, p. 3536.
212
464
465
amendment of European Commission impact assessment guidelines, Poland postulated

introduction of the convergence criterion into impact assessment. Poland argued that
significant economic development gaps still present in the EU are a serious hindrance for
EU capacity to identify goals jointly and undertake joint actions. According to Poland,
compared to other treaty objectives and treaty-defined basic areas of European Union
activities (Art. 2 and Art. 3 of the Treaty establishing the European Community TEC)
and those accounted for in the European Commission impact assessment guidelines, the
convergence criterion (assessment of the impact of new EU regulatory initiatives on catching up process bridging of the gaps in socio-economic development) is not given top
priority. The European Commission incorporated the convergence criterion into problem analysis, identification of policy targets and the policy implementation capacities
when amending its guidelines in 2008. Moreover the European Commission introduced
a new criterion assessment of impacts on regions, a group of the member states and
individual states in a situation when the proposed solutions may in those cases have
disproportionate effects compared to the entire EU. Such assessment should account for
convergence criterion.
Unfortunately, it must be noted that no extensive analysis accompanies any negotiation position or legal act. Before accession, 25% of RIA contained an analysis of
a regulatory target, 83.5% of the assessments included a part devoted to consultations
and only one RIA in five identified the possibility of emergence of costs for business entities, and only one in ten expressed those costs in numbers213. After 2004, 85.8% of RIA
correctly presented the target of law amendment, 84.71% of RIA included information
about performed social consultations and more and more frequently included information about the impacts on competitiveness of the economy and undertakings and the
impact on labour market214.
Impact assessment guidelines may serve as a model solution for the European Commission and a source of inspiration for Poland and other states in designing
their own rules for performance of such assessments. Research proves that European
Commission guidelines serve only to a limited extent as a model for the member states. Impact assessment guidelines in the member states are less ambitious compared to
European Commission guidelines. They do not concern directly the sustainable deveR. Zubek, Ocena skutkw regulacji jako instrument poprawy jakoci prawa. Analiza polskich dowiadcze na tle najlepszych praktyk midzynarodowych, Warsaw
2004, p. 1719. The analysis performed on a sample of 104 RIAs contained in rationale for 125 government drafts of bills with significant impacts on economy of
the years 20022003.
214
Domaski, Zakrzewski, Palinka, Raport z bada nad funkcjonowaniem polskiego systemu oceny skutkw regulacji analizowanego pod wzgldem speniania kryteriw prawidowej Impact Assessment wypracowanych Unii Europejskiej, Warsaw 2009, p. 99100.
213
465
466
lopment targets, cover late stages of decision-making, envisage a narrower scope of the
consultation process and do not contain the obligation of regular publishing of reports
from performed impact assessment215. The situation in Poland was different. Guidelines
introduced in 2006 were modelled on solutions applied by the European Commission.
They contained a new element assessment of environmental impacts and a method
for identification and measurement of administrative burdens. They also used a list of
standard questions from European Commission guidelines, which must be asked when
drafting RIA.
olitical initiatives and competitive pressure between the member

P
states in the scope of Better Regulation initiative before and after
accession
As aforementioned, Polands accession to OECD was the factor affecting introduction of better regulation principles in Poland. Along with membership came the necessity to carry into effect OECD recommendations in this respect216. OECD gave Poland
first systemic solutions and exerted pressure on introduction of RIA instruments. Increased interest of the European Commission and the member states in better regulation
was another factor stimulating initiation of actions in Poland.
Since mid-1990ties, attempts have been made in the Netherlands to reduce costs
imposed by regulations. In 2003 an innovative project for elimination of administrative
burdens was introduced217. In the years 20032007 the concept of administrative burdens reduction was presented by the Dutch administration to the EU member states.
The instrument was shortly adopted, first by individual states, and then became a part
of the Union initiative of Better Regulation. Poland was one of the first member states to
begin works on administrative burdens. Poland started them in 2004, when it carried out
a pilot study on the scale of administrative burdens in the area of road transport218 and in
the act on goods and services tax (VAT)219.
Evaluating Integrated Impact Assessment, Improving the Practice of Impact Assessment, 6th Framework Programme, Project No. 028889, February 2008, p. 23.
C (95) 21 of OECD Council of 9 March 1995 on improving the quality of government regulation.
217
Administrative burdens are the costs borne by entrepreneurs in connection with compliance with information obligations stipulated by law. The Standard Cost
Model (SCM) is used for identification, measurement and reduction. In 2003 reduction of administrative burdens was an innovative approach to elimination of
the costs of legislation.
218
The research project of 2004 described in the publication of the Office of the Committee for European Integration, Standard Cost Model and administrative
burdens in the sector of road transport, Warsaw 2006.
219
Research project of 2005 coordinated by the Ministry of Finance. In the years 20042005 the National Bank of Poland undertook an initiative to identify and
measure administrative burdens in banking law.
215
216
466
467
In 2005 this initiative was linked to Better Regulation during mid-term review of
the Lisbon Strategy220. The Commission proposed that, when implementing the Strategy
at the national level, the member states should undertake actions in the scope of better
regulation and develop national regulatory strategies in this respect. The Commission
additionally demanded development of simplification programmes adjusted to specifics
of individual states, as well as exchange of best practices and introduction of peer reviews.
The strategies were supposed to take due account of the RIA encompassing an analysis
of impacts on competitiveness and competition in accordance with the Lisbon Strategy.
The annual strategic reviews of the initiatives performed by the European Commission
additionally identified new priority areas for the member states221. The new member
states were the first to be covered with peer reviews between the member states announced by the European Commission in 2005. The European Commission decided to use
the OECD experience and instruments and initiated a review of regulatory capacities in
those states. However, this just repeated the soft nature of OECD recommendations at
the end of the process. OECD proposals for remedial actions were only guidelines for the
states. Application of OECD recommendations was not monitored by the organisation
itself or by the European Commission. The pressure of peer reviews was supposed to be
an adequate driving force for the undertaken actions.
Polands accession to the European Union contributed to systemisation of actions
in the scope of regulatory reforms with the year 2006 being a breakthrough. It was
then that for the first time a programme document was developed with sole purpose of
applying elements of Better Regulation initiatives for improvement of regulatory environment the Regulatory Reform Programme and Guidelines for Regulatory Impact
Assessment, prepared in the Ministry of Economy, and later adopted by the Council of
Ministers.
Those actions met with positive recognition at the OECD forum and from the
European Commission in the years 2006 and 2007. The Commission deemed the better
regulation measures undertaken in the frames of the comprehensive Regulatory Reform
Programme to be among the most promising reforms launched in Poland as a part of Lisbon
Strategy implementation. Moreover it stressed that this was an ambitious programme, whose implementation would involve great inter-institutional involvement and cooperation.
The European Commission, Communication from the Commission to the Council and the European Parliament. Better Regulation for Growth and Jobs in the
European Union, COM (2005) 97.
221
In its first strategic review of Better Regulation the European Commission identified the following priorities for the member states: development and enforcement of consultation mechanism, more systematic assessment of economic, social and environmental impacts through adequate guidelines and resources, and
more transparency on the results and development of simplification programmes.
220
467
468
According to OECD opinion of 2007, a good team for implementation of regulatory reform
was in place within the Ministry of Economy. Poland was applauded for a good programme
and very good preparedness for reform implementation and was named as the country that
developed an impressive and comprehensive law-making reform programme.
Total number
of elements in place
NO
YES
NO
YES
YES
YES
NO
RIA supervision
NO
YES
Administrative burdens
YES
YES
Simplification of the
binding law
YES
NO
Consultations as
a part of RIA
NO
YES
RIA guidelines
YES
YES
Alternatives (selfregulation,
co-regulation)
NO
After 1 May 2004
RIA obligation
Before 1 May 2004
Regulatory Reform
Programme
Consultation guidelines
Table 1. Comparison of occurrence of the main elements of Better Regulation initiative

in Poland before and after accession
Source: Own elaboration.
As evidenced by the table above, the number of Better Regulation initiatives covered with Regulatory Reform Programme increased significantly after 1 May 2004.
According to literature concerning so-called policy diffusion, the key role in this
process is played by supranational relation networks. International organisations, think
tanks but also nationals officials may facilitate diffusion and transnational experience
exchange, acting as diffusion channels. In the case of Better Regulation initiative there
were or emerged after 1 May 2004 several formal and informal information diffusion
networks: Better Regulation Directors (DBR), High Level Group of National Experts on
Better Regulation acting by the European Commission, an informal group of states applying the Standard Cost Model Standard Cost Model Network (SCM network)222. SCM
network is an international, informal group of officials sharing experiences in the scope of
administrative burdens reduction. They aim at popularisation of this method as a tool for
improvement of regulatory environment of business. In 2007 they promoted a contest
awarding the best ideas for reduction of administrative burdens (Best Red Tape Reduction
Award), whose aim was to award and promote new methods helping reduce administrative burdens. The first award in the contest was handed in Warsaw at the meeting of
222
468
K. Wegrich, The Administrative Burden Reduction Policy Boom In Europe. Accelerated policy learning, blind copying or bureaucratic politics?, p. 4.
469
network officials in 2007. In 2008 the patronage over the awards was taken over by the
European Commission and the high level group of independent experts for administrative burdens reduction operating by the Commission.
From November 2001 to 2006, training concerning drawing up of RIA was organised by three offices: the Ministry of Economy223, Government Legislation Centre
(RCL) and the Government Centre for Strategic Studies224. In the years 20032004, the
Ministry of Economy and Labour carried out a series of central training in the scope of
RIA methodology. In 2003 those trainings were attended by 368 persons, and in 2004 by
approximately 120 persons from a dozen ministries and central government offices. The
trainings concerned practical and methodological aspects of RIA management; they were
facilitated by academic stuff of the Main School of Economics in Warsaw. Moreover in
2004 the Government Legislation Centre organised regular trainings for civil servants
from ministries involved in drafting of RIA, which aimed at diffusion of knowledge and
experiences of employees of the team for RIA in RCL, and were intended as a forum for
exchange of experiences between the coordinating team and employees of ministries.
In 2004 a series of 5 trainings was held; it was attended by the total of 70 persons from
respective ministry departments (the Ministry of Economy and Labour, the Ministry
of Finance, the Ministry of Agriculture, the Ministry of Environment, the Ministry of
Infrastructure).
In 2007 Polish administration received intensive training in performance of RIA.
The total of over 550 employees of individual ministries were trained. Opinions about
training are also analysed on ongoing basis. A survey was performed on a sample of 195
persons. Participants of 2007 training evaluated them as very good (26%) or rather good
(51%). In general there were no negative evaluations. Over half of the participants (55%)
disagreed with a statement that training is redundant since nobody applies RIA at work
anyway (fewer than 10% make statements to the contrary). At the same time, however,
47% of the respondents claimed that training helped them in ongoing work (but almost
20% are of opposite opinion). One participant in three claimed that they applied RIA in
their work, whereas simultaneously 37% claim that they did not apply it all225.
Securing financing from the European Social Fund was an additional advantage
improving the possibilities of effective implementation of regulatory reform in the scope
The Ministry of Economy, Labour and Social Policy and the Ministry of Economy and Labour.
In October 2004 the Government Centre of Strategic Studies carried out the training on Ministerial guidelines for regulatory impact assessment. Experiences
of GCSS. Approximately 30 persons, representatives of individual ministries, attended the training.
225
K. Staszyska, Zadowolenie uczestnikw szkole na temat oceny skutkw regulacji organizowanych przez Departament Regulacji Gospodarczych Ministerstwa
Gospodarki, The Ministry of Economy, Warsaw 2007, p. 14.
223
224
469
470
of RIA performance and administrative burdens reduction. The Ministry of Economy

developed a systemic project, whose implementation was scheduled from 1 July 2008 to
31 December 2011; the amount of approximately PLN 10 million was allocated for its
implementation. The programme implementation so far has proceeded in compliance
with the adopted schedule the first effects will be visible in 2009. Detailed didactic
side of RIA training will be developed and the project for identification of information
obligations stipulated by law will be completed.
Application of Better Regulation initiative in Poland is not only a reactive adjustment to international pressure, or national response to external impulses originating first
from OECD, then from the EU (accession negotiations, Lisbon Strategy and Commission
agenda in the area of Better Regulation). Beside external impulses there were also national
mechanisms, since Polish organisations of entrepreneurs supported changes in law. In
2004 for the first time the Polish Confederation of Private Employers Lewiatan (PKPP Lewiatan) presented a list of regulations hampering pursuance of economic activity, the socalled black list of barriers. Presently PKPP Lewiatan continues publication of this list.
Other documents postulating and supporting better regulation included: Green Paper:
Entrepreneur-friendly State by the Confederation of Polish Employers, or Decalogue of
legal changes expected by entrepreneurs in 2007 of the Polish Chamber of Commerce.
It must be also noted that effects of law simplification in Poland and other member states can be felt quite differently. 75% of Polish businesses from SME sector do not
take advantage of assistance of lawyers. Polish entrepreneurs are reluctant to finance legal
services and allocate to this purpose an average of PLN 5 thousand annually, which corresponds to mere 0.5% of their total spending. 8% of businesses allocate to legal services
more than 1% of their budgets226. In the United Kingdom each year over a half of entrepreneurs take advantage of external assistance (e.g. of lawyers, accountants and government agencies) with a view to solving legal issues in all areas with impact on pursuance
of economic activity. Enterprises spend annually at least GBP 1.4 bn on consulting in the
area of adjustments to binding law. In the United Kingdom reduction of those costs even
by 5% results in savings for companies amounting to over 72 mln pounds227.
Other impulses for law simplification in Poland included e.g. barriers preventing launch of infrastructural investments and the necessity to accelerate absorption
of Union funds. The best example is the simplification of the system implementing
226
227
470
Survey of Gazeta Prawna, Wolters Kluwer and PBS DGA, A 75% polskich firm nie korzysta z prawnikw, Gazeta Prawna, 25 March 2008.
Department for Business, Enterprise and Regulatory Reform, Regulation and Business Advice, p. 5.
471
programmes co-financed from structural funds under the financial perspective for the
years 20042006 prepared by the team for simplification of implementation of European
Union funds Simple funds. The simplifications included the following measures: the
existing quarterly reporting cycle under the projects and programmes was replaced with
half-yearly cycle, application for payment was combined with regular reporting, a part
of appendices required of a beneficiary was renounced. The Main Statistical Office introduced significant simplifications related to public statistics in Poland, but first of all they
followed from simplification programme at the Community level and were enforced by
actions of EUROSTAT.
In 2008 the Council of Ministers made a decision to reduce administrative burdens by 25% until 31 December 2010. After adoption of the reduction target and date,
the decision was not given an operating character, and reduction has not been introduced on the basis of the results of first measurements of administrative burdens. Law
simplification is undertaken, but only as individual initiatives of ministries, institutions
or the media (e.g. a campaign of Gazeta Wyborcza and radio RMF FM consisting in
search for faulty legal provisions, which hinder operations of undertakings). There is
no single comprehensive law simplification programme implemented simultaneously by
the entire administration, and coordinated by a single ministry.
Due to its long-term nature and lack of possibility to inform swiftly about its
results, the regulatory reform programme did not enjoy particular interest of the media.
The media paid much greater attention to annual ranking of the World Bank Doing Business, which is easier to present. This is one of the most recognisable rankings in Poland
and worldwide228, perceived as an assessment of actual state of regulatory environment
in individual states of the world. Each year the report becomes a media event, and the
prepared rankings of countries are the basis of less or more substantive assessments of
actions of governments presented in the mass media.
As an example, facilitations in pursuance of economic activity are assessed on the
basis of a position in this ranking. Simplification of statistical reporting, procedures for
entrepreneurs to apply for Union funds, reduction of administrative burdens (actions
consistent with requirements of the European Commission) are not accounted for in
reports of the World Bank. Therefore results of those simplifications are not reflected
in the ranking. Moreover, the ranking of the World Bank fails to show actual business
environment in Poland, because it does not address such aspects as political, macroeco228
Since the first report Doing Business in 2004 the report was quoted the total of over 10 thousand times in the printed and electronic media.
471
472
nomic stability or membership in international organisations. The report may influence

evaluations and decisions of those investors who do not know the market yet229.
When analysing anti-crisis actions proposed by the government, Polish entrepreneurs began to pay attention to additional issues: the necessity to eliminate unnecessary
burdens the extensive reporting in the area of tax law and labour law230. The Ministry
of Economy identified over 150 administrative burdens in fourteen examined legal acts
in the area of labour law. Due to a large number of enterprises covered with them, some
obligations generate significant costs on the scale of entire economy. The obligation to
issue a work certificate is relatively inexpensive for a single business but it generates costs of approximately PLN 250 mln annually for all enterprises in Poland; the obligation
to inform an employee about work conditions ensuing from the labour code generates
the total costs of approximately PLN 200 mln annually. Pressure from enterprises may
be another impulse for performance of law simplification in Poland in the area of administrative burdens reduction. It must be borne in mind that identification, measurement
followed by reduction of administrative burdens encompasses only a small portion of the
costs of adjustments to legal provisions. Actions in the scope of law simplification should
be comprehensive and cover various categories of burdens, barriers and costs imposed by
law. In this context the report Doing Business indicates and estimates on a few examples
certain irregularities in establishment and pursuance of economic activity.
A proper information campaign is a way to draw greater attention to the issue
of better regulation. For example when the United Kingdom introduced administrative
burdens reduction policy in 2005, a proposal was made to cover it with a slogan Less is
more; this slogan was promoting reduction of formalities is a reference to minimalist
movement in architecture. The Netherlands, which was the first state to complete the
task of 25% reduction of administrative burdens in 2007, was confronted with the opinion of entrepreneurs that this reduction failed to have impact of the research activities
they pursued. The Netherlands turned for evaluation of its actions to OECD and the
World Bank, including communication strategy for reduction. The assessment indicated
that turning to ministers as the main spokespersons of a successful regulatory reform is
an ineffective communication strategy. Such campaign was carried out by the Netherlands, basing it on speeches of ministers, reports to the Parliament and websites. The
assessment pointed out that regardless of how much respected ministers may be, they do
229
230
472
J. Anusz, Bank wiatowy ocenia gospodarki, Rzeczpospolita, 11 September 2008.

K. Bartman, Trzy pytania do Andrzeja Bliklego. Z maych firm rzd musi zdj rozbudowan sprawozdawczo, Gazeta Prawna, 3 February 2009.
473
not have understanding of the business world on par with entrepreneurs. OECD and the
World Bank deemed that if the business community is the main beneficiary, a few entrepreneurs should be selected for participation in the information campaign. This may
be combined with new data from business research so as to present a personal view of
the reform. Messages like You benefit from reforms are more effective if a beneficiary
is a spokesperson. According to the assessment this is exactly why shampoo commercials
show people with long hair, not the CEO of shampoo company231.
Complex and extensive regulations are not specific only for Poland; a similar situation is in place in other countries. Since July 2003 Belgium has had in place the Kafka
project aimed at simplification of law for entrepreneurs and citizens. In December 2005
Belgium launched website www.kafka.be, through which citizens may submit examples
of legal absurdities. 4750 such submissions were made in the first year of the websites
operation. One of the absurdities concerned the issue of working from home. The entire
home was treated as a work-site and was covered with work health and safety regulations. As a results of the campaign, this regulation was modified and now sanitary and
work health and safety standards apply only to the premises where work is performed. It
took two years for full effects of the entire project to materialise. The Belgian project was
very popular mainly due to how it was communicated. A very simple and comprehensible method for breakdown and communication of legal absurdities was applied into
those causing headaches, applying elbow grease and those that force one to rune one leg
off. The advertising campaign accompanying simplification of regulations put stress on
full liberation from bureaucracy. As an example one of the advertising slogans was: You
do not have to use your head any more (Vous ne devez plus vous servir de votre tete).
***
In January 2009 Better Regulation initiative was declared a success on European scale
and an important element of European Unions response to economic and financial crisis232.
This chapter describes implementation of Better Regulation initiative in Poland.
The topic of better regulation in Poland surfaced on the agenda of national policy before
Polands accession to the European Union, but the fact of future membership motivated
231
232
World Bank Group Review of the Dutch Administrative Burden Reduction Program, World Bank, OECD, November 2006.
Better Regulation a European success story, Press Release, Brussels, 28 January 2009.
473
474
for use of specific instruments of the initiative. Pressure of accession negotiations coerced
application of RIA process, which was innovative back in 2000 in Poland, and had a great
positive impact on accession conditions in several key areas. Five years after the accession
it is still not fully rooted in regulatory reform administrative structures. Despite many positive elements, such as development of a comprehensive government programme in this
area, the first institutional structures, the possibilities of accessing information exchange
network, there are still many problems. Poor quality of performed assessments, absence of
effects of law simplification and of reduction of administrative burdens is very common.
Due to accession, Poland gained full participation in the debate on the Better Regulation initiative and the possibility to shape it in accordance with our needs and specific conditions. It is hard to tell whether accession to the OECD, or accession to the EU had greater
impact on implementation of Better Regulation rules. The structures created for the benefit of membership in OECD were used for implementation of Better Regulation initiative
after Polands accession to the EU. Due to accession to the Union, Poland could take better
advantage of access to knowledge and information exchange. Apart from participation in
the works of OECD on regulation management and reform, Poland entered the experience
exchange structures with the member states and the European Commission. Polands image
as a state unambiguously supporting Better Regulation initiative, a state to build alliances
on the Community forum with, became strengthened. Poland had influence on the shape of
one of the initiatives elements impact assessment drawn up by the European Commission,
thus generating the capital to build formulation of Union policies upon in the future.
Attention devoted to Better Regulation initiative, including simplification of binding law and reduction of administrative burdens in Poland, was frequently political driven and was not fully embedded into bureaucratic structures. Focusing attention on the
issues of regulatory reform appeared to be a temporary and artificial interest. It is caused
by particularly important political teasers, such as accession negotiations, negotiations of
new legal acts in the EU, or improvement of the countrys image by maintaining proper
position in the World Bank ranking Doing business. Approach to Better Regulation initiative and its individual elements varies as political attention shifts from one topic (e.g.
use of RIA) onto another (e.g. simplification of binding law).
It is necessary to maintain large interest of decision-makers and political involvement in Better Regulation, which shall enable in the long term real implementation of
systemic changes and instruments into practical actions (work) of administration, including necessary change in officials mentality.
474
475
ransposition of the acquis communautaire into national

T
legal order
The fifth anniversary of Polands accession to the EU is an excellent opportunity to
recapitulate the process of acquis implementation in Poland. The pre-accession period entailed high intensity of legislative works. They had a single target harmonisation of Polish
legislation with the acquis communautaire, which was a criterion for Polands accession to
the EU. Attainment of the harmonisation level required by EU law necessitated adoption
by the Sejm of 255 legal acts233, which transposed 1589 directives234. Poland applied institutional solutions enabling the adjustment process, which worked very well. Even today
acquis experts share their experiences with other countries applying for EU membership
and point to Polish model as an example to be followed in the pre-accession period.
Effectiveness of Polish solutions in pre-accession period followed from such factors as e.g. centralised coordination of harmonisation works within a single place in the
government, with a leading role of the Prime Minister and good cooperation with the
Parliament, with significant role of the Parliamentary European Committee responsible
for harmonising works and determining fast pace of the adoption of bills in the Sejm.
Moreover there was a definitely most important factor, namely agreement among all
leading political parties that Polands accession to the EU was a top priority issue.
The process of harmonisation of Polish legislation with the acquis did not end
on 1 May 2004. It went on very dynamically; even more so because since that time any
legislative shortcomings or defaults have been notified almost immediately to Polish side
under infringement proceedings pursuant to art. 226 of the Treaty establishing the European Community (TEC)235.
When recapitulating the process of acquis implementation in Poland, it is worthwhile making reference to results attained against the background of other member
states, with particular stress on so-called new member states.
Such major references include, firstly, the bi-monthly Report on progress made
by the member states in notification of national measures implementing directives236 from
the Secretariat General of the European Commission, and secondly the Internal Market
Information developed on the basis of data presented at the website: www.sejm.gov.pl.
Data quoted after the database of the Notification of National Implementing Measures kept by the European Commission.
235
More details on this issue can be found further on in the chapter.
236
The reports are available at the website: http://ec.europa.eu/community_law/directives/directives_communication_en.htm.
233
234
475
476
Scoreboard prepared twice a year also by the European Commission, on the basis of information provided by the member states237.
Table 1. Situation concerning directives notification per country (January 2009)
Ranking
Member states
Directives whose deadline for

implementation has passed by
the reference date
Directives for which

measures of implementation
have been notified
Percentages of
notifications
Slovakia
3035
3023
99.60%
Latvia
3034
3022
99.60%
Germany
2980
2968
99.60%
Lithuania
3038
3023
99.51%
Denmark
2979
2961
99.40%
Bulgaria
3139
3120
99.39%
Slovenia
3032
3012
99.34%
France
2982
2962
99.33%
Romania
3139
3117
99.30%
10
Sweden
2965
2944
99.29%
11
Malta
3026
3004
99.27%
12
The Netherlands
2980
2956
99.19%
13
Hungary
3028
3003
99.17%
14
Finland
2977
2952
99.16%
15
Czech Republic
3036
3010
99.14%
16
Estonia
3020
2994
99.14%
17
Spain
2999
2970
99.03%
18
Ireland
2993
2964
99.03%
19
Belgium
3034
3003
98.98%
20
Austria
2985
2953
98.93%
21
The United Kingdom
2975
2943
98.92%
22
Poland
3035
2999
98.81%
23
Cyprus
3025
2985
98.68%
24
Italy
2990
2950
98.66%
25
Portugal
3020
2974
98.48%
26
Luxembourg
2985
2937
98.39%
27
Greece
2984
2934
98.32%
EU average
3015
2988
99.10%
Source: Report on progress made by the member states in notification of national measures implementing directives
of 5 January 2009 (http://ec.europa.eu/community_law/directives/directives_communication_en.htm).
The member states are obliged to update regularly the information contained in Internal Market Scoreboard database as regards the state of undertaken transposing measures in relation to the specified number of directives to be transposed at the latest on the deadline each time indicated by the Commission.
237
476
477
According to the most recent report on Progress in notification of national measures implementing all adopted directives of 5 January 2009238 Poland ranked 22nd
with the result of 98.81%, which translates to 36 directives not transposed on time. Poland is ahead of only Cyprus (98.68%), Italy (98.66%), Portugal (98.48%), Luxembourg
(98,39%) and Greece (98,32%). Slovakia ranks first, followed by Latvia, and Germany
(99.60% each).
In the years 20042007 Poland ranked much higher in reports from the Secretariat General (on average it ranked 4th9th, and in 2005 it took the second place in the
Commission report). Among 10 states that acceded to the EU in 2004, only Lithuania
and Hungary ranked higher. Other EU-10 states ranked lower. It was only the report of
May 2007 that saw deterioration of Polands position in the ranking to 21st. In the period
20082009 the declining trend did not change Poland ranked 17th23rd in the report.
Among the states that acceded to the EU jointly with Poland, only Cyprus and, according to some reports, the Czech Republic ranked lower.
Lithuania, Latvia and Slovakia rank very high. Those states keep leading the rankings. Other EU-10 countries are in the middle of the rankings. After accession in 2007
of Bulgaria and Romania, initial reports indicated that Poland was ahead of those states
in notification statistics, but a decline has been recorded since October 2007 presently
those new member states lead the rankings, with Poland lagging much behind. According to the other quoted Commission source informing about the state of legal transposition, i.e the Internal Market Scoreboard of 9 August 2008239, Polands transposition
deficit amounts to 1.8%.
Table 2. Transposition deficit in individual member states (as of August 2008)
Ranking
State
Number of
directives not
transposed
9 11 12 12 12 12 16 17 17 17 20 20 22 23 23 25 26 27
BG SK RO DE LV LT DK SI ES NL SE EE FR MT FI UK HU IE AT IT BE EL CY LU PL PT CZ EU
0
9 10 10 11 11 14 14 14 15 15 15 15 15 16 17 20 21 23 24 29 31 31 32 42
Missing
notifications
to reach 1.5%
objective
6 16
Source: Internet Market Scoreboard of 9 August 2008 (http://ec.europa.eu/internal_market/score/index_

en.htm).
238
239
The reports are available at the website: http://ec.europa.eu/community_law/directives/directives_communication_en.htm.

The reports are available at the website: (http://ec.europa.eu/internal_market/score/index_en.htm).
477
478
This means that Poland exceeded the admissible ceiling set by the EU Council in
March 2007 by 0.8 percentage point. Poland ranked 25th among member states, coming ahead only of Portugal (1.9%) and the Czech Republic (2.5%). Bulgaria comes first with zero deficit, which can be explained by the fact that it acceded relatively recently to the EU. Further
positions are occupied by Slovenia, Romania and Denmark, which recorded transposition
deficit at the level of 0.4 and 0.5%, respectively. Latvia and Lithuania also ranked high.
In this ranking Poland had also a relatively large deficit compared to other member states as regards transposition of the directives whose deadline for implementation
passed 2 years ago.
Within last six months since publication of the report, 18 member states recorded
reduction of the transposition deficit, while deficit increased a lot in 6 states, including
Poland.
It must be pointed out that initial results of Poland, immediately after accession
to the European Union, were much better. In 2005 Poland ranked 14, only slightly exceeding the admissible deficit. In 2006 our position improved a lot (positions 49 among 25
member states). Since the report of July 2007 Poland has recorded huge decline, ranking
19 and 23 in subsequent reports. The decline trend was stressed by the aforementioned
Commission report of August 2008. Among the states that acceded to the European Union
jointly with Poland, Lithuania, Latvia and Slovakia fare best and lead the rankings.
Difficulties encountered during implementation process

Legislative measures related to acquis implementation after accession originated
either from new law or followed from non-compliance or incorrect application of directives. The volume of legislative works to be done in Poland in the last five years followed directly from the number of legal acts adopted and published in that period in the
Official Journal of the European Union. 8539 regulations, 3255 decisions and 462 directives were published from 1 May 2004 to the end of December 2008. It is true that only
some regulations and very few decisions required legislative measures to be launched by
national law-makers. On the other hand all directives had to be transposed. The Sejm
adopted 178 acts by the end of 2008 with a view to executing the acquis240. This figure
corresponds to 17% of all acts adopted in that period by the Parliament241. Legislative
240
241
478
Information elaborated on the basis of data presented at the website: www.sejm.gov.pl.

According to information available at the website: www.sejm.gov.pl, as of 31 December 2008 the Sejm adopted 1053 acts.
479
obligations ensuing from Polands membership in the EU constituted a significant part

of the tasks contained in governments legislative work programmes and correspond to
almost half of them (e.g. in the governments work schedule for the first half of 2008: out
of 123 draft acts, 62 aimed at implementation of the acquis; in the schedule of works of
the Council of Ministers for the first half of 2009: out of 144 draft acts there are 43 draft
acts implementing the acquis).
It must be stressed that after accession Poland had the required institutional solutions in place for timely and correct implementation of the acquis communautaire, which
proved to work well in pre-accession period. The act on the Committee for European
Integration (KIE) headed by the Prime Minister was in force242. The Committees responsibilities included issuing opinions on conformity of a draft legal act with the acquis at
each stage of legislative works. Each year the KIE Secretary issued approximately 3500
of such opinions to draft legal acts, both those implementing the acquis and those pertaining solely to domestic issues. As a result of those opinions, number of drafts were
modified with a view to putting them in line with the acquis.
Moreover, in June 2004 the European Committee of the Council of Ministers
(KERM) was appointed as a collegial body composed of representatives of individual ministries, making decisions that are binding for the government e.g. in the scope of acquis
implementation. The European Committee adopted all required procedures aimed at
coordination of works within the government (including procedures for transposition of
EU legal acts, the procedure coordinating Polands participation in proceedings before
Community courts).
Additionally, current plans for legislative works of the Council of Ministers have
been designed pursuant to an analysis of current legislative commitments ensuing from
EU secondary law and as a result of the ongoing proceedings concerning infringements
of the acquis.
Moreover, the Rules of the Sejm243 provide for the possibility of fast consideration
of draft acts in the Sejm and the Senate and restrict the possibility to make amendments
to draft acts executing the acquis (art. 95d of the Rules). Additionally, each parliamentary report should contain an opinion on conformity with the acquis. At the same time,
the government successfully applied in that period a solution adopted in other member
states, which consists in parallel amendment of many normative acts in a single act;
242
243
O.J. No. 106, item 494 as amended.

Monitor of Laws of 2002 No. 23, item 398, chapter 5a.
479
480
this was supposed to contribute to faster adoption of acts requiring urgent changes244.
Adoption of such solution was effective in case of eliminating any potential delays in
the implementation of the European Union legal acts or necessity to perform minor
amendments. The main target of such acts was to ensure correct and effective implementation of the acquis into national legal order. Attainment of this target was possible e.g.
because amendments to acts put together in so-called horizontal acts were exclusively of
European nature. Hence they did not cover matters remaining outside the scope of the
acquis, which might give rise to controversies and as a consequence lead to lengthening
of legislative works.
One of the priorities of the European Commission was assurance by the EU member states of correct and full transposition of the acquis provisions into national legislations. An analysis of postulates contained in the Commission Recommendation of 12 July
2004 on the transposition into national law of Directives affecting the internal market245,
as well as of the communication introducing a new approach in the area of Commission
cooperation with member states with a view to ensuring correct transposition of the
Community law246 was reflected in the Procedure for transposition of the acquis247 adopted by KERM and binding upon Polish administration. Compared to existing practice
of harmonisation works, major changes introduced by the Procedure include: the obligation to prepare at the onset of works on legal acts of a correlation table showing how
individual provisions of a EU legal act are transposed into national legal order, separation
of legislative measures following from the necessity to implement an EU legal act from
legislation of purely national nature, and the ensuing maintenance of a separate legislative track for acts of national law implementing EU law so called draft European acts
and regulations.
However, when results attained by Poland are compared with results of other
member states (see: section 1), effects of acquis transposition have deteriorated with each
years of our membership. There are many reasons underlying such state of affairs.
Firstly, political environment has changed. Once the target of accession to the
EU was attained, legal harmonisation began to lose priority. Before accession most legislative commitments had been met on deadlines set in the roadmap, because failure to
This led to adoption of three acts: the act of 20 April 2004 amending and repealing some acts in connection with Polands accession to the European Union
(O.J. No. 96, item 959), the act of 23 June 2006 amending some acts in connection with the membership of the Republic of Poland in the European Union (O.J.
No. 133, item 935), the act of 24 August 2007 amending some acts in connection with the membership of the Republic of Poland in the European Union (O.J.
No. 176, item 1238).
245
SEC(2004) 918.
246
Commission Communication A Europe of results: Applying Community law, COM (2007) 502, 5.09.2007.
247
See: www.ukie.gov.pl.
244
480
481
meet them would delay our accession to the EU. After accession such threat disappeared
and first delays began to emerge. First of all governments legislative plans ceased to be
carried into effect as a whole as regards timely adoption of draft acts executing the EU
law. Despite the fact that provisions of so-called cooperation act248 and obligation for
the government to provide draft acts executing the EU law at the latest 3 months prior
to implementation date, this obligation failed to be regularly enforced and delays were
transferred from year to year.
Secondly, in unpopular matters, including sensitive ones and those requiring
resolved actions concerning change of legal state inconsistent with the acquis, there
were no swift decisions made at political level and resolution of problems was delayed
in time. Good examples include the draft act on GMOs, the draft act amending the act
Telecommunication law, or the draft act on implementation of some provisions of the
European Union as regards equal treatment. Despite multi-annual delays in transposition of directives, which should be implemented through aforementioned acts and several proceedings on infringements of the acquis, none of those acts have been adopted.
Thirdly, it must be pointed out that the Sejm ceased to play an active role it used
to exercise in works on acquis implementation before accession. In pre-accession period,
the parliamentary European Committee supervised works on European acts in the
Parliament. Due to the so-called legislative fast track249, the harmonisation process was
given priority. After accession the parliamentary Committee for the European Union,
which replaced the parliamentary European Committee, ceased to deal with legal harmonisation, focusing completely on Polands participation in the EU decision-making
process. In this connection all acts implementing the acquis were transferred to sectoral committees and the process became decentralised.
Fourthly, the capacity of Polish state administration responsible for development
of draft legal acts has not increased perceptibly within the last five years, whereas the
number of new tasks and required competences grew significantly. If we add on top of
it the high rotation among civil servants and frequent posting of tasks relating to development of draft acts from ministries to offices and units subordinated to them, this was
bound to have impact on timeliness and quality of adopted law.
It must be also borne in mind that compared to systems of many other member
states (e.g. implementing acts in France, the United Kingdom, Spain or Germany) as
The Act of 11 March 2004 on cooperation of the Council of Ministers with the Sejm and Senate in matters ensuing from Polands membership in the EU (O.J.
No. 52, item 515 as amended).
249
Monitor of Laws of 2002 No. 23, item 398, chapter 5a.
248
481
482
a rule Polish law system does not allow for directive transposition without amending
a respective act. Exceptions include situations where an act contains statutory delegation
to issue a regulation. This translates into necessity to initiate a legislative process, which
may take many months, and in some cases even years, for each directive. Additionally,
shortening of the Parliaments term in the office in 2008 slowed down the pace of legislative works.
Bearing the aforementioned reasons in mind and comparing Polands results against other member states, the forthcoming years will show whether the delays currently
taking place in acquis implementation will continue to grow or whether we have reached a level which, once exceeded, will result in lack of approval for such situation and
will enforce resolved remedial actions.
Direct application of the acquis

In the first years of Polands membership in the EU, there was a clear brave trend
in Polish administrative courts to apply EU law directly. This did not substitute correct
and timely transposition of the acquis but showed that in case of legislative defaults, Polish courts do not hesitate to apply the EU law directly, foregoing national law.
This trend was particularly visible in (but not only) taxation matters. Examples of
cases decided by administrative courts pursuant to acquis provisions when a respective
national provision proved incompatible with the acquis illustrate this development. The
Court of Justice of the European Communities confirmed those interpretation of Community law made by the national courts.
A good example is the act on tax on goods and services250, whose art. 88 paragraph
1 item 3 in connection with art. 86 paragraphs 3 and 5 deprived a taxpayer of the possibility to deduct input VAT on purchased fuel. Applying the acquis directly, in April 2007
the regional administrative court in Wrocaw decided that this provision was incompatible with art. 17 paragraph 6 of the 6th directive251. A similar judgement was issued by the
regional administrative court in Warsaw on 20 June 2007. Similarly to the court in Wrocaw, in its sentence the Warsaw court quoted arguments concerning incompatibility of
the introduced regulations with EU law. As a result of those judgements, the taxpayers
who owned vehicles with homologation other than for passenger cars and with carrying
SIXTH COUNCIL DIRECTIVE 77/388/EEC of 17 May 1977 on the harmonization of the laws of the Member States relating to turnover taxes Common system
of value added tax: uniform basis of assessment (O.J. 1977 L 145, p. 1).
250
251
482
483
capacity over 500 kg (so-called vehicles with the grid), could demand refund of input
VAT, which they were not allowed to deduct after 1 May 2004. Validity of this interpretation of national courts was confirmed by a judgement passed on 22 December 2008 by
the Court of Justice of the European Communities in case C-414/07 Magoora.
A similar situation concerned the rules relating to excise duty on vehicles not
registered in Poland before their first registration in the territory of the country. In sentence of 25 May 2005, the regional administrative court in Lublin stated that Polish regulations on excise duty imposed on second-hand cars imported from EU member states
are incompatible with the acquis as measures restricting freedom of intra-Community
trade. Taxation of car vehicles has not been harmonised within the EU, so according to
the acquis member states may freely regulate their taxation with excise duty, provided
that those regulations do not breach fundamental freedoms of the internal market. Therefore an importer (exporter) may refuse to pay a charge established in violation with the
acquis. An administrative court refused to apply national law and stated that decisions of
customs bodies were issued in default of the EU law.
On the other hand, the regional administrative court in Warsaw, deciding on
the matter of refusal to refund excise duty paid on purchase of a passenger car, called in
question the excise duty regulations in art. 28 TEC prohibiting quantitative restrictions
on imports and all measures having equivalent effect between Member States. As a result
the regional administrative court in Warsaw applied for verdict to be awarded in preliminary ruling procedure (C-313/05 Brzeziski) to the Court of Justice of the European
Communities. Validity of the earlier judgement of the Lublin court and later judgements
of other administrative courts was confirmed by the verdict of the European Court of
Justice of 18 January 2007.
Other examples of practical application of the principles of precedence and direct effect of the acquis include judgements of regional administrative courts passed on
the basis of the seed act of 26 June 2003252. The act of 27 April 2006 amending this act
introduced prohibition on sale and registration of seeds of GMO variety, incompatible
with directives 2001/18/EC253 and 2002/53/EC254. As a consequence of this statutory
regulation, bodies of administration passed decisions refusing registration of such varieties. Later on those decisions there were appeals against to administrative courts.
Directive of the European Parliament and of the Council 2001/18/EC of 12 March 2001 on the deliberate release into the environment of genetically modified
organisms and repealing Council Directive 90/220/EEC (O.J. 2001 L 106, p. 1).
254
Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (O. J. 2002 L 193, p. 1).
252
253
483
484
It must be pointed out that regional administrative courts adopted a uniform line of
jurisdiction and reversed the aforementioned decisions, pleading e.g. the principle of
direct effect of Community directives. As an example, in its judgement of 23 January
2007 the regional administrative court in Warsaw stated: According to the content of
art. 249 of the Treaty establishing the European Community, a directive is one of the
sources of Community law. A directive is a related source of the acquis. The effects of
promulgation of a directive by a competent Community body were defined in jurisdiction of the Court of Justice of the European Communities. This jurisdiction suggests
that if a directive is not transposed or is incorrectly transposed into national legal
order, it may have direct effect. () Directives 2001/18/EC and 2002/53/EC may be
applied directly by bodies of administration. Therefore there are no obstacles for the
Research Centre for Cultivar Testing to institute the procedure for entering a variety
into the national register ().
***
An analysis of the process of acquis implementation before and after 2004 indicates that the dynamics of this process has declined significantly since accession to the EU.
Initially Poland was a country which managed to adopt the entire EU law in very short
time, and this all took place at the time when Poland was unable to influence its shape.
Presently we are in a group of those states that have delays in acquis implementation.
Those delays translate into the number of proceedings for infringements of the EU law
instituted by the European Commission and the number of grievances filed with the European Court of Justice, comparable presently to other EU-15 states. This follows from
natural slowdown of the acquis implementation dynamics for the benefit of a greater involvement of the administration in the process of acquis adoption by Union institutions.
However, decisions of Polish courts, which are more and more eager to apply the acquis
directly, and of judicial bodies of the European Union, must not remain the sole remedy
to the present situation. The EU law to a lesser or greater degree translates into almost
half of all draft acts planned to be adopted by the government, and therefore a greater
interest in the process would definitely improve its effectiveness.
Remedial measures that might improve results of Poland against other member
states should be targeted first of all at:
484
485
1.

2.

3.
4.

5.

Improving the state of implementation of annual legislative work plans of the

Council of Ministers and observance of the binding procedures.
Draft acts executing the EU law should be entered into those plans with maintenance of deadlines following from transposition of Community legal acts. Individual ministries and central administration bodies should be accountable for the
state of performance of work plans.
Increasing participation of experts taking part in the works on a Community
legal act.
Presently it is very frequent that officials involved in works on an EU legal act at
the stage of its creation are different than those involved in the works on a Polish
act transposing it.
Preparing a very detailed legal analysis at the stage of works in the EU Council of
the impact of the drafted EU legal act on Polish law with due account of possible
transposition methods.
Presently such impact assessment is frequently made as late as at the onset of
transposition process, when it is already impossible to change the concerned EU
legal act because it has been already adopted and published.
Making current legislative techniques more flexible.
Presently government law-makers frequently make transposition through many
different methods and standardisation of this practice wherever possible may improve effectiveness of works on adoption of a legal act. Simultaneously if a report
to be presented by the Legislative Council in 2009 suggests that it is advisable
to propose a change in the system of the source of law in Poland with a view to
improving the acquis implementation, then necessary amendments to the Constitution of the Republic of Poland should be considered.
Increasing the role of the Parliament in acquis implementation.
Similarly to the European Parliament and other national parliaments, Polish Parliament should be more interested in the state and level of acquis implementation
in Poland. This would certainly improve interest on the part of the public opinion and decision-makers.
485
486
dministrative proceedings instituted by the European

A
Commission against Poland
Pursuant to art. 226 TEC, the European Commission institutes proceedings against the member states when there is suspicion of infringement of the EU law due to
incorrect transposition or lack of transposition of Community provisions into national
legal order or due to lack of notification of a legal act. 3 stages of proceedings conducted
under the procedure of art. 226 TEC can be identified: a) informal phase, b) formal phase,
when the Commission issues a letter of formal notice against a member state, and then
if the reply to formal notice fails to convince the Commission to close the proceedings
a reasoned opinion, and c) judicial phase, when the Commission lodges with the Court
of Justice a complaint against member states. The number of infringements of the EU
law (infringement of the Treaty commitments) is variable because the European Commission:
l
institutes new proceedings,
l
remits proceedings in a case,
l
makes decisions on lodging a case to the Court of Justice of the European Communities,
l
withdraws complaints from the Court of Justice of the European Communities.
Proceedings on infringements by a member state of the Treaty commitments
play a very important role in the process of ensuring correct application of the EU law.
As a new member state, Poland has only just gained experiences and developed methods of actions in proceedings under art. 226 TEC.
General information
Analysing data contained in comparative listings of formal proceedings in the
years 20042008255, it must be stated that the overall number of cases concerning infringements of the EU law against Poland has grown regularly on year to year basis.
However, the growth was small, by approximately 5 proceedings annually (2006 79,
2007 84, 2008 88), which yields a stable number of proceedings across recent years.
As of 31 December 2008. Data prepared on the basis of a comparison of formal proceedings conducted by the Office of the Committee for European Integration
(UKIE) 20052008.
255
486
487
Presently Poland has almost twice as many cases as it had in the first year of membership.
Comparing the number of proceedings between year 2007 (84) and 2008 (88), one can
state that an average number of proceedings amounts approximately to 86 for Poland. As
concerns decisions on remitting the proceedings they concern 40 proceedings annually
on average, which corresponds to half or a majority of proceedings in a given year. It
must be stressed that decisions of remitting the proceedings in a given calendar year may
also concern proceedings instituted in previous years.
Table 1. Comparison of the total number of proceedings against Poland and remitted
proceedings against the total number of proceedings instituted by the Commission
Year256
2004
2005
2006
2007
2008257
Number of proceedings instituted by the Commission

against all member states
2369
2303
2273
2214
Number of proceedings instituted by the Commission

against Poland258
46
55
79
84
88
Proceedings against Poland remitted in a given year259
70
38
50
44
Source: O
wn elaboration on the basis of data possessed by UKIE and on the basis of annual Commission
reports on monitoring of EU law application.256257258259
Infringements concerning non-communication and non-compliance

with the EU law
Proceedings instituted by the Commission pursuant to art. 226 TEC may concern
the charges of:
l
non-communication, i.e. lack of notification to the Commission of national measures transposing provisions of a specific directive;
l
infringement of the EU law, i.e. non-conformity/incorrect application of Community regulations.
The very large number of proceedings instituted by the European Commission
concerning non-communication charges is alarming. Those proceedings follow not from
a substantive dispute over conformity of Polish law with the EU law, but from legislative
arrears of several years, a dozen or even only a few months. It is particularly alarming
Years 20042006 refer to EU-25, year 2007 refers to EU-27. Data are provided as of the end of a given calendar year.
No data for 2008, because the Commission report for 2008 has not been published yet.
258
The comparison encompasses both the cases for which proceedings were instituted by the European Commission in a given year and the proceedings initiated
earlier which have not been completed yet.
259
Remitted proceedings concern decisions of the college of commissioners made in a given year and refer to all instituted proceedings.
256
257
487
488
that those arrears concern both laws, whose legislative process goes in many stages and
takes a lot of time, and regulations.
It is worthwhile pointing out that in September 2007 the European Commission
adopted a communication A Europe of Results Applying Community Law260 introducing a new approach regarding cooperation of the Commission with the member states
with a view to ensuring correct transposition of the EU law. The communication set
forth Commissions priorities as regards consideration of complaints and cases of infringements of obligations of the member states. This means that some cases will be considered faster and more intensely than others. This concerns in particular those infringements of the EU law that have significant impact on citizens, e.g. infringements concerning application of fundamental Treaty principles or major elements of regulations
and framework directives. Basing on the communication, the Commission has already
carried into into effect greater frequency of decision-making process concerning nontransposition of directives. Presently decisions on those matters are made once a month,
replacing the previous frequency of once in two months.
Table 2. Comparative listing of proceedings against Poland and against all member states,
concerning non-communication and non-compliance with the EU law
Year
2004
2005
2006
2007
2008261
Proceedings for non-communication against Poland
45
37
28
27
29
Proceedings for non-communication against all

member states
1789
1582
1272
1409
Proceedings for EU law infringement against Poland
18
51
57
59
Proceedings for EU law infringement against all

member states
580
721
1001
805
Source: O
Reasoned opinions and letters of formal notice

Administrative proceeding consists of two stages: a Letter of Formal Notice and
a Reasoned Opinion. It is important to remove defaults at one of the administrative stages of proceedings and not allow for a charge to be filed with the Court of Justice of the
260
261
488
COM (2007) 502 of 5 September 2007.

489
European Communities. In case of Poland, one third of all cases are escalated to a later
stage, i.e. the reasoned opinion; in other cases responses from Polish side convinced the
Commission, which accepted clarifications and arguments.
Table 3. Comparison of the number of letters of formal notice and reasoned opinions against
Poland and against all member states
Year
2004
2005
2006
2007
2008262
Letters of formal notice against Poland
45
41
60
54
53
Letters of formal notice against all member states
1946
1623
1536
1760
Reasoned opinions against Poland
14
19
30
35
Reasoned opinions against all member states
423
680
737
454
Source: O
Comparison of the number of proceedings instituted in the years 20042007 against individual member states points particular attention to evolution of Polands situation against the background of other new EU member states. A relatively well done
homework in preparations for accession to the Union helped Poland become initially
one of the leaders in the implementation of the EU law among new member states.
Only 49 proceedings instituted against Poland in 2004 put us at third place behind Lithuania (15) and Hungary (32), far ahead of such states as Malta, Latvia or Slovakia, which
recorded 100 proceedings each, not to mention the Czech Republic and Romania, against
which the European Commission instituted 145 and 195 proceedings, respectively, in
the first year of membership. But while in those states there was a gradual drop in the
number of instituted cases, most probably resulting from completion of the implementation of the acquis communautaire in force upon accession, the number of such cases went
up for Poland.
In 2006 and 2007 the largest number of proceedings among all states that acceded to the Union in 2004 (except Malta) was instituted against Poland. Five years after
accession to the Union Poland ranks in the upper band of the average level in terms of
the number of proceedings compared to all member states, which is evidenced both by
statistics of the number of proceedings instituted in individual years, and a comparison of
proceedings under way (available in the quoted report from the European Commission).
262
489
490
a. Letters of formal notice

Commission annual report 2007 on monitoring the application of Community
law263 shows Polands position against all member states. In the years 2004 and 2005
Poland received relatively few letters of formal notice, 49 in 2004 and 58 in 2005. In following years the situation deteriorated. Poland ranked in the group of ten member states
with the largest number of letters of formal notice. In 2006 we ranked 9th, in terms of the
largest number of letters of formal notice received by a member state, and 8th in 2007.
As concerns new member states, we are a country with the largest number of letters of
formal notice, with only Malta equalling us. It is also alarming that despite a general decline in the number of proceedings concerning new member states, their number not
only rose for Poland but even equalled the number of proceedings against old member
states as soon as four years after accession.
Table 4. Comparison of letters of formal notice issued by the Commission to all member states
263
490
Member state
2004
2005
2006
2007
AUSTRIA
60
59
60
60
BELGIUM
79
68
67
50
BULGARIA
80
CYPRUS
71
83
54
52
THE CZECH REPUBLIC
145
72
64
61
DENMARK
60
37
36
34
ESTONIA
76
59
47
49
FINLAND
82
59
47
67
FRANCE
84
77
84
76
GREECE
109
104
92
75
SPAIN
69
73
69
61
THE NETHERLANDS
54
57
49
43
IRELAND
67
54
45
49
LITHUANIA
15
26
33
35
LUXEMBURG
73
75
64
52
LATVIA
108
57
50
51
MALTA
107
55
77
69
COM (2008) 777 of 18 November 2008.
491
GERMANY
POLAND
91
49
264
63
58
265
55
75
266
56
68267
PORTUGAL
90
85
89
80
ROMANIA
195
SLOVAKIA
107
51
37
47
SLOVENIA
54
55
47
58
SWEDEN
73
48
50
58
HUNGARY
32
52
54
60
ITALY
123
136
126
101
THE UNITED KINGDOM
68
60
65
73
Source: O
reports on the checks of EU law application.264265266267
b. Reasoned opinions
According to the aforementioned Commission report, similarly to letters of formal notice, the number of reasoned opinions rose at an alarming rate. In 2005 and 2006
they translated into almost 30% of all infringements, in 2007 to almost a half, and in
2008 to over a half. It should be presumed that responses to letter of formal notice fail
to convince the European Commission and as a consequence notices are escalated to the
phase of reasoned opinions. If the present trend is maintained, it is highly likely that there will more complaints against Poland filed by the European Commission to the Court
of Justice of the European Communities. In 2004 Poland was the only new member
state to which a reasoned opinion was addressed, in 2007 it ranked third in terms of
the largest number of reasoned opinions received by a member state. Throughout three
years Poland got into the leadership of the countries to which the Commission addresses
reasoned opinions.
9th position in 2007, in terms of the largest number of letters of formal notice.
6th position in 2006, in terms of the largest number of letters of formal notice.
266
13th position in 2005, in terms of the smallest number of letters of formal notice.
267 rd
3 position in 2004, in terms of the smallest number of letters of formal notice.
264
265
491
492
Table 5. Comparison of reasoned opinions addressed by the Commission to all member states
Member state
2004
2005
2006
2007
AUSTRIA
23
22
25
20
BELGIUM
28
33
37
13
BULGARIA
CYPRUS
14
20
10
THE CZECH REPUBLIC
40
18
17
DENMARK
12
10
ESTONIA
18
12
12
FINLAND
21
19
24
FRANCE
46
70
63
29
GREECE
46
70
63
29
SPAIN
17
35
44
28
THE NETHERLANDS
27
20
17
11
IRELAND
18
28
18
13
LITHUANIA
10
LUXEMBURG
35
49
40
24
LATVIA
18
12
MALTA
19
18
25
GERMANY
46
70
63
29
POLAND
1268
18269
21270
28271
PORTUGAL
32
65
54
34
ROMANIA
SLOVAKIA
21
17
SLOVENIA
17
14
SWEDEN
18
18
20
15
HUNGARY
10
18
ITALY
74
93
65
34
THE UNITED KINGDOM
22
28
27
17
Source: O
reports on monitoring of acquis application.268269270271
The only new member state to receive a reasoned opinion.

15th position, in terms of the largest number of reasoned opinions.
270
12th position, in terms of the largest number of reasoned opinions.
271 rd
3 position, in terms of the largest number of reasoned opinions.
268
269
492
493
Proceedings falling under competencies of individual ministries

The largest number of proceedings instituted against Poland concerned the area
of competence of the Ministry of Finance, Infrastructure, Environment and Health. This
development reflects quite accurately the main areas regulated by the EU law. An exception is the common agricultural policy a very extensive area of the EU law, however
one governed mainly by regulations, which apply directly. Thus there are very few proceedings in the scope of competence of the Ministry of Agriculture and Rural Development, because this area consists more in EU law application than implementation.
The Ministry of Health is another particular case. Areas covered with the scope
of competence of this Ministry are not heavily regulated at the Union level. A large number of proceedings instituted each year against Poland may indicate a structural problem
within this Ministry in EU law implementation in place since pre-accession period (an
absolute record of the number of cases instituted in 2004).
Ministries against which no charges have been raised so far include: the Ministry
of National Education, the Ministry of National Defence and the Ministry of Regional
Development.
The most frequent causes of delays include:
l
lack of legislative initiative immediately after adoption of a legal act by Community institutions (without even mentioning undertaking of works during an
advanced discussion in working groups), too late undertaking of such initiative,
l
legislative specifics the necessity to amend many inter-related statutory acts;
this lengthens the legislative process,
l
the prolonging legislative process requiring many, frequently repeatable, agreements,
l
failure to meet the deadlines the ministries imposed upon themselves, e.g. under
Procedure for Transposition of Legal Acts of the European Union, following
from the cooperation act and other programmes of the Council of Ministers.
Those problems may be related to difficulties encountered by the member
states in connection with correct law interpretation and application, or perhaps first
of all to delays in works on carrying into effect the national implementing measures
and their notification to the Commission. Moreover EU law provisions require of the
member states particular diligence in carrying into effect and application of interpretation of law.
493
494
Therefore it is necessary to strengthen the mechanism allowing for efficient removal of regulations incompatible with Community legal order, as well as improvement
of the effectiveness of how replies are prepared in proceedings going on. In this case of
particular importance is timely meeting of commitments related to acquis implementation, which Polish side notifies to the Commission in response to letters of formal notice
and reasoned opinions.
Table 6. Number of proceedings against Poland in a given calendar year, falling under area of
competence of individual ministries
MINISTRY
2004272
2005273
2006274
2007275
2008276
Ministry of Infrastructure
15
10
14
12
Ministry of Environment
12
15
Ministry of Health
13
11
12
11
Ministry of Agriculture and Rural

Development
Ministry of Finance
19
19
24
Office for Competition and Consumers

Protection
Ministry of Economy
Polish Financial Supervision Authority
Ministry of Justice
Ministry of Labour and Social Policy
Ministry of Culture and National

Heritage
Ministry of Science and Higher

Education
Public Procurement Office
Ministry of Interior and Administration
Ministry of the Treasury
Central Office of Measures
TOTAL
44
55
79
84
88
Source: Own elaboration based on data possessed by UKIE.272273274275276

As of 16 December 2004.
274
275
276
272
273
494
495
***
As of 27 February 2009 the European Commission conducted 92 proceedings in
connection with suspicion of EU law infringement by Poland:
l
60 proceedings concern EU law infringement:

22 proceedings at the stage of a reasoned opinion, where the Commissions formulated charges of non-compliance with the EU law,

38 proceedings at the stage of a letter of formal notice, where the Commission
formulated charges of non-compliance with the EU law;
l
32 proceedings concern non-communication:

11 proceedings at the stage of a reasoned opinion,

21 proceedings at the stage of a letter of formal notice.
In recapitulation, 33 proceedings are at the stage of a reasoned opinion, and 59
proceedings are at the stage of a letter of formal notice. This proves that five years after
accession to the Union, Poland is in a group of states against which the Commission is
conducting the largest number of proceedings pursuant to art. 226 TEC, although it is
still much behind leaders of this negative ranking. We can only hope that Poland will
improve the efficiency of the mechanism allowing for timely implementation of EU law
provisions, thus contributing to a drop in the number of proceedings concerning failure
to fulfil Treaty obligations.
Poland before Community courts

Benefits from participation in the Community judicial proceedings
Benefits ensuing from Polands participation in the Community judicial proceedings include influence on the legal situation through participation in Community judicial proceedings. This category includes:
495
496
rotection of the interests of Poland by instituting proceedings

P
against Community institutions
In the Community system of law, participation in litigious proceedings, particularly in the role of a plaintiff, is one of major tools for a member state to influence its legal
situation in the Community. The Community system of legal protection guarantees to
the member states the possibility to call in question solutions that are inappropriate from
their viewpoint through recourse to law. Resolution of a dispute by the Court of Justice
of the European Communities may lead to pronouncement by the Court of invalidity of
the legal act called in question by a member state and thus to annulment of a measure
disadvantageous for a given state.
Poland began using the eligible possibilities already in the first days of membership. The first actions against Community institutions were filed with the Court of Justice and the Court of First Instance two months after Polands accession to the European
Union. Poland called in question the rules of extending the phasing-in mechanism for
direct payments in agriculture onto new types of payments277 and regulations concerning
excessive reserves of agricultural products278. Moreover in December 2005 Poland called
in question Community regulations concerning recognition of professional qualifications
of nurses, which were disadvantageous for Poland279.
Two of the aforementioned matters have been already examined280 by the Court of
Justice of the European Communities. However neither the complaint concerning professional qualifications of nurses, nor the complaint concerning direct payments have been
deemed justified by the Court. This does not mean that arguments of Polish side were not
justified from political viewpoint. It must be borne in mind, however, that the Court of
Justice of the European Communities adjudicates on the basis of legal, not political arguments. To convince the Court of Justice that its arguments are valid, a member state trying
to call in question a Community legal measure must have convincing legal arguments.
It must be considered that on many occasions lodging of complaints by Poland was
motivated mainly politically. Pertinence of such practice must be called in question because it leads to institution of disputes that are bound to fail due to lack of legal arguments
that might justify annulment of Community measures called by Poland in question.
Case C-273/04 Poland vs. Council.
Cases T-257/04 and T-258/04 Poland vs. Commission.
279
Case C-460/05 Poland vs. Parliament and Council.
280
All information is presented according to data available on 15 March 2009.
277
278
496
497
Sometimes Poland, trying to defend itself against unfavourable Court decisions,

withdrew complaints lodged for political reasons, which were not supported with adequate legal arguments. In June 2008 Poland withdrew from the Court of First Instance
a complaint lodged nine months before, demanding annulment of the Community Regulation establishing a prohibition of fishing for cod in the Baltic Sea by vessels flying the
flag of Poland281. In March 2008, right before the judgement was passed, Poland withdrew the complaint lodged in February 2006 against Commission decision on the merger
between Unicredito Italiano and HVB282.
Apart from the six aforementioned cases, Poland called Community measures in
question four more times. In January 2006 it lodged a complaint concerning production
charges in sugar sector283. In May 2007 Poland applied for annulment of the Commission
decision concerning national plan for distribution of greenhouse gases emission permits;
in July 2007 it instituted a proceeding aimed at annulment of the Commission decision
concerning surplus reserves of agricultural products284.
The last complaint lodged by Poland aimed at annulment of the Commission
decision concerning Polish regulations on GMOs285. None of the four cases has been
concluded yet.
Experiences so far concerning cases addressed by Poland to Community judicial
bodies indicate that Poland has actively enforced its rights to direct calling in question
by recourse to law of the decisions it considered disadvantageous.
xercising Polands interests in disputes before Community courts

E
instituted by other entities
Moreover, Poland takes advantage of solutions providing influence on interpretation of provisions it is directly interested in and on its legal situation indirectly, participating as an intervener in litigious cases between other entities. Intervening in a case,
Poland gained the possibility of making reference to legal situation of other member states in cases similar to Polish ones, and thus a possibility of influencing its own situation
indirectly. Poland was guided by the principle of intervening in cases concerning matters parallel to those for which Poland itself conducts disputes before Community courts.
Case T-379/07 Poland vs. Commission.
283
284
285
281
282
497
498
In this connection, in October 2007 Poland intervened in cases lodged by Slovakia and
Lithuania concerning excessive reserves286 and in proceedings instituted against Luxembourg, Austria and Germany concerning performance of the profession of a notary287. By
intervening in those cases, Poland realised policy of protecting its interests by presenting
its arguments in a judicial procedure.
Sometimes protection of Polands interests required presentation of a position
also in disputes conducted between private law entities and Community institutions.
Guided by such necessity, Poland intervened in cases concerning state aid instituted
against the Commission by Polish Automotive Manufacturing Plant (Fabryka Samochodw Osobowych)288 and by Polish companies Huta Buczek and Buczek Automotive289.
Moreover, by presenting its position as an intervener in a litigious proceeding between other entities, Poland gained the possibility to exert influence on the provisions it
is directly interested in. Apart from eight aforementioned cases, Poland joined nineteen
other litigious proceedings as an intervener. A part of the cases in which Poland intervened has already been concluded. They were connected with interpretation of provisions
concerning: non-execution by member states of a judgement of the Court of Justice of the
European Communities, internal market for electricity, reinforcement of penal regulations with a view to enforcing provisions concerning prevention of water contamination
from ships, and pronouncement of invalidity of the regulation establishing a European
Agency for the Management of Operational Cooperation at the External Borders of the
Member States of the European Union.
In March 2009 Poland was intervening in seventeen pending cases before Community courts, which related to: assessment of impacts of some public and private undertakings on natural environment, of company law, public procurement, parallel imports of pharmaceuticals, reduction of car production, excessive reserves of agricultural
products, obligation to publish acts of the EU law, return of state aid, recognition of
university diplomas, profession of a notary, posting of workers, therapeutic products and
admissible levels of pesticide residues in food.
Cases T-247/07 Slovakia vs. Commission, T-248/07 Czech Republic vs. Commission i T-262/07 Lithuania vs. Commission.
Cases C-51/08 Commission vs. Luxembourg, C-53/08 Commission vs. Austria, C-54/08 Commission vs. Germany.
288
Case T-88/07 FSO vs. Commission.
289
Cases T-440/07 Huta Buczek vs. Commission and T-1/08 Buczek Automotive vs. Commission.
286
287
498
499
Influence on legal situation by exercise of right to defence

Serious consequences for a member state are brought by matters constituting an
inseparable element of membership, when it is summoned before the Court of Justice
of the European Communities in connection with a charge of failure to comply with
Treaty commitments. Impact of judgements passed by the Court of Justice in such cases
on the situation of a member state is undeniable. In litigious cases concerning charges of
no transposition or incorrect transposition of Community law into national legal system,
the Court may ascertain such infringements and at a later stage of the proceeding impose
a pecuniary penalty on such a state or, on the contrary, dismiss Commission charges and
pronounce absence of infringement.
Exercising its rights in this respect, during 5 years of membership in the European Union, Poland has used the right to defence in twenty one cases conducted before
the Court of Justice of the European Communities brought by the Commission under the
procedure of art. 226 of the Treaty establishing the European Community (TEC). A part
of those cases have been already concluded. In June 2008 a judgement was passed in case
C-170/07 concerning requirement for imported second-hand vehicles to undergo a roadworthiness test prior to their registration in Poland. In November and December 2008
the Court of Justice of the European Communities passed judgements in cases C-227/07
and C-492/07 relating to incorrect transposition of directives in the area of electronic
communication services. Only in case C-227/07 a part of the arguments of Polish side
were deemed valid and for that part the Commission complaint was dismissed. In the
remaining scope, and in relation to two other cases, the European Court of Justice pronounced that Poland failed to comply with the Treaty obligations.
Active participation in litigious proceedings before the Court of Justice of the
European Communities against Poland let it present its arguments before the Community court. Although lawsuits against member states should be treated as an inseparable
element of participation in Community legal system apart from active exercise of the
right to defence in judicial proceedings it is necessary to initiate actions aimed at removal of the EU law infringements concerned by charges in a case. Practice shows that if
the European Commission deems that its charges concerning non-compliance by Poland
with the Treaty obligations cannot be upheld due to actions of Poland, it is willing to
withdraw the complaint it brought before.
499
500
The number of cases withdrawn by the Commission does not change the statistics
in litigious cases. Although withdrawal of a complaint deprives Poland of the possibility
to win the case before the Court, but the intended effect is nevertheless attained, because charges of non-compliance with the EU law are withdrawn. So far the Commission
withdrew from the Court of justice six complaints against Poland290.
In March 2009 thirteen proceedings were conducted against Poland before the
Court of Justice of the European Communities concerning: infringement of the acquis
during construction of Augustw ring-road (through Rospuda Valley) and Wasilkowo
ring-road, failure to apply taxation system for electricity, protection of wild birds, safety
of airships of a third state using Community airports, pursuance of activity by investment enterprises, GMOs, electronic communication services, generic pharmaceuticals,
ships movement, independence of the President of the Office for Electronic Communication, access to Internet, reassurance and tax issues.
ealisation of Polands interests through participation in preliminary

R
ruling procedure
Exercise of the right to defence should not be perceived solely from the perspective of those cases where a member state is summoned before the Court of Justice for
non-compliance with Treaty obligations. The member state may effectively defend their
legal solutions by participating in preliminary ruling procedure , particularly when a question for a preliminary ruling is asked by a court of this state. A national court bringing
a question concerning EU law interpretation aims at determination whether the EU law
may be interpreted in a manner allowing for maintenance of the national regulation in
a given shape.
Therefore compliance of Polish law with the Community legal order is usually
indirectly called in question in preliminary ruling procedure . If the question referred for
a preliminary ruling comes from a Polish court, taking a position in preliminary ruling
procedure helps Poland defend the regulations concerned by the question.
Questions asked so far by Polish courts concerned mainly taxation issues. Eight
out of fifteen cases where Polish courts asked a question for a preliminary ruling have
been already solved by the Court of Justice of the European Communities.
As a consequence in June and October 2007 cases C-422/06 Commission vs. Poland i C-149/07 Commission vs. Poland were removed from the register, in February 2008 the same happened tor case C-423/06 Commission vs. Poland, in June 2008 case C-416/06 Commission vs. Poland, and in January 2009 case C-142/08
Commission vs. Poland; the removal procedure in case C-435/08 Commission vs. Poland is pending.
290
500
501
articipation in resolution of important problems at the

P
forum of Community courts
Poland presented its position in preliminary ruling procedure not only due to the
necessity to defend regulations challenged by Polish courts. Participation in preliminary
ruling procedure enabled to Poland presentation of own interpretation of the EU law
and exerting influence on the lines of jurisdiction of Community courts in the most important matters, particularly in cases concerning the problems of significance from the
viewpoint of Poland, or fundamental matters of the EU law.
Importance of this possibility must be perceived through significance of judgements of the Court of Justice of the European Communities passed in preliminary ruling
procedure. Many breakthrough judgements of the Court were passed through such procedure. Breakthrough judgements were passed through preliminary ruling procedure
e.g. as regards such issues as principle of supremacy or direct effect of the EU law. The
possibility to appear in preliminary ruling procedure where question for a preliminary
ruling concerns significant Community matters is frequently used by Poland. Reference
in preliminary ruling procedure to such issues is an instrument complementing policy
pursued by the state. Therefore we should appreciate value of presenting Polands position on important issues and the possibility to influence the lines of jurisdiction of Community courts on major matters.
From the perspective of five years of membership, Polands activity in this area
must be assessed positively. It participates in preliminary ruling proceedings more and
more frequently. Since 1 May 2004 Poland has submitted remarks in writing in 124 preliminary ruling procedure conducted before the Court of Justice of the European Communities on initiative of courts other than Polish courts. Additionally it is worthwhile
stressing that Poland exercised the possibility to join proceedings before EFTA Court
three times: on the issue of admissibility of prohibition against alcohol advertisement,
in the case concerning compliance of Norwegian regulations relating to concession for
electricity generation with provisions of the EEA Agreement and in the case concerning
costs of treatment abroad. All three cases have been already concluded.
Moreover Poland joined one, already concluded, proceeding (Opinion 1/03) before the Court of Justice of the European Communities under the procedure of art. 300
paragraph 6 TEC. Request for opinion concerned the issue of exclusive or shared com-
501
502
petence of the Community to conclude a new Lugano Convention on Jurisdiction and

the Recognition and Enforcement of Judgements in Civil and Commercial Matters (the
opinion was issued in 2005). The possibility to present Polands position on division of
competence between the Community and member states was used also in the ongoing
case Opinion 1/08 concerning conclusion with affected WTO members of agreements
modifying the rules and conditions under which the Community grants access to its
market for services and service providers from other WTO members.
Specific features of Polish cases

In proceedings before the Court of Justice so far, Poland has displayed the greatest activity in such areas as: broadly understood taxation issues this area was concerned by as many as 25291 preliminary ruling cases with participation of Poland292; justice;
pharmaceutical law. Moreover, Poland showed particular interest in the area of freedom
to provide services/freedom of establishment and public procurement. Polands activity
was also high in matters of agriculture. A separate category of cases where Poland identified an important interest of a member state and decided to speak in a proceeding is
constituted by so-called horizontal issues, concerning fundamental principles of the EU
law (in institutional meaning)293.
Therefore the aforementioned areas may be considered as ones of greatest significance for Poland (at least in the frames of judicial activity), since legal actions of state authorities before Community courts focused mainly on cases covered with them. In those
areas Poland identified important cases conducted before the Court of Justice and presented its position under judiciary procedure. Lawsuit activity of Poland was manifested in
those areas in all kinds of proceedings before the Court of Justice: from preliminary ruling
cases, through cases where Poland intervenes, to cases where Poland is the plaintiff.
Decisions on joining a case are made on the basis of a dual analysis of the case: in
ministries and offices competent for a given areas, and regardless of the results of this
analysis also in the Office of the Committee for European Integration. Such practice for
For the sake of this part of recapitulation, the provided figures do not take into account cases conducted against Poland, because one can hardly speak here of
lawsuit activity emerging solely from own will of a member state.
292
As many as 9 cases are Polish prejudicial cases therefore it must be borne in mind that activity of a member state whose court asks a question is in a way
natural.
293
Including: C-161/06 Skoma-Lux, which concerned enforceability and application of Community legislation not published in languages of new member states
before the date of their accession to the European Union; C-445/06 Danske Slagterier, which concerned a member state liability for infringements of the acquis;
C-345/06 Heinrich, which concerned public access to Community documents; C-304/02 Commission vs. France, which concerned interpretation of the manner of
imposition of penalty payments and lump-sums on a member states in connection with failure to comply with a judgement of the Court of Justice; Opinion 1/08
concerning share of competencies between the member states and the Community.
291
502
503
identification of important cases helped Poland participate in proceedings of fundamental significance for the state and jurisdiction294.
It is worthwhile stressing, however, that in some member states lawsuit activity
in a specified area follows from earlier directional decisions. For example Belgium as
a rule gets involved in cases concerning discrimination by nationality. On the other
hand, Austria looks with particular attention into cases concerning GMOs. In other
words, member states present their positions in each case concerning the aforementioned issues. Clarity regarding the areas of governments special interest is an advantage
of such approach. This helps act in a coherent and transparent manner and present own
positions in a given area in a consistent way.
It seems characteristic of Poland to base decisions to lodge a complaint on political reasons as much as one third of complaints brought by Poland were lodged for such
reasons, despite conclusions from an analysis of legal arguments to the contrary. Such
behaviour can be understood; nevertheless maintaining the complaint until the very end
against obvious legal arguments must raise doubts.
Analysing the cases from still another perspective brings another conclusion to
the fore: a gross majority of litigious cases (initiated by Poland or ones where Poland
intervened) are those relating to results of accession negotiations295. Through participation in such cases, Poland aimed at confirmation/maintenance of negotiated solutions.
Participation in cases of such kind is characteristic for the first years of membership and
naturally expires after the first years. A large number of cases of that kind proves that
Poland effectively exercised its legal possibilities, virtually since the first days of membership; Poland was aware of its rights and had the possibility to assert them.
Poland against the background of other member states296

In its presence before Community courts, Poland stands out in many aspects against other EU-12 states.
E.g. C-161/06 Skoma-Lux, C-345/06 Heinrich, C-304/02 Commission vs. France, C-341/05 Laval, C-438/05 Viking Lines or cases concerning access to the profession of a notary. This does not mean that Poland participated in all cases which eventually proved important; at least when conclusion is made on the basis of the
number of states that presented their positions during the proceedings. A good example of a case that recently provoked a lively reaction of the member states in
which Poland did not take part was the case C-127/08 Metock concerning freedom of movement and stay on the territory of the member states for Union citizens
and members of their families. It is also worthwhile stressing that Poland did not display significant activity in all areas. This may follow from inadequate staffing
resources in individual ministries or from underestimation of the importance of this instrument for influencing the shape of Community jurisdiction by a member
state in accordance with its national interest.
295
E.g. cases concerning recognition of professional qualifications of nurses, extension of the phasing-in mechanism for direct payments onto new types of payment
in connection with accession to the EU, transitional arrangements in sugar sector established in connection with accession to the EU.
296
Data for 2009 are incomplete they are successively supplemented on Courts website. Cases are assigned to a given year on the basis of a number given to them
in the register of Courts cases. Each case is counted separately, notwithstanding a decision on merging several cases into a single one.
294
503
504
Table 1. Questions for a preliminary ruling297 asked by courts of individual new member states
MEMBER STATE
2004
2005
2006
2007
2008
2009
TOTAL
Bulgaria
Cyprus
Czech Republic
Estonia
Lithuania
Latvia
Malta
Poland
15
Romania
Slovakia
Slovenia
Hungary
17
Source: Own elaboration on the basis of data from the Court of Justice of the European Communities.
Virtually since the very accession to the EU, Polish courts have used the instrument of asking questions for a preliminary ruling. Poland is one of three countries (next
to Hungary and the Czech Republic), whose courts regularly ask questions for a preliminary ruling since the accession. In terms of the number of questions for a preliminary
rulingasked, Poland ranks second (after Hungary). Compared to some new member
states whose courts asked no or only a few questions for a preliminary ruling in the first
years of membership, it can be said that Polish courts are much more aware of the rights
they are eligible for. For the sake of clarity let us add that among EU-15 states there
are virtually no such situations in place, where national courts of a given state asked no
questions for a preliminary ruling at all. Therefore we may only hope that Polish courts
will submit to the Court a larger number of questions for a preliminary rulingregarding
the issues that raise significant doubts on the basis of the acquis.
Approximately 265 questions for a preliminary ruling are asked annually to the
Court. The largest number of questions is asked by German courts (as many as 77 in
2006), followed by Italian ones (48 in 2004) and Dutch ones (36 in 2005). Eventually Polish courts do not ask as many questions as courts in some EU-15 states. There are many
For the sake of this comparison, the preliminary questions cover questions asked pursuant to the TEC and TEU as well as those considered through the urgent
preliminary ruling procedure (so-called PPU).
297
504
505
indications that sometimes Polish judges (at least in the courts whose verdicts may be
appealed against), instead of submitting a question to the Court of Justice and suspending
the proceeding for approximately 19 months, solve the issue on their own on the basis of
the acquis. Moreover, the parties to the national proceeding are not always aware of the
rights ensuing from the EU law. By not adducing the EU law, the parties thus indirectly
restrict the number of cases where a questions for a preliminary ruling might be submitted to the Court. Notwithstanding the above, we can expect the number of questions
brought to the Court to grow in the forthcoming years.
Table 2. Participation of member states in preliminary ruling cases298
MEMBER STATE
2005
2006
2007
TOTAL
Bulgaria
Cyprus
10
25
Czech Republic
14
20
12
46
Estonia
Lithuania
10
Latvia
Malta
Poland
22
26
34
82
Romania
Slovakia
20
10
22
Slovenia299
Hungary
Source: Own elaboration on the basis of data from the Member States Agents.299
Since 1 May 2004 Poland has submitted written observations in 136 preliminary
ruling cases before the Court of Justice of the European Communities (19 in 2004, 22
in 2005, 26 in 2006, 34 in 2007, 35 cases in 2008). Among new member states Poland is
a state that becomes involved in the greatest number of preliminary ruling procedures
(the Czech Republic ranks second with half of the number of submitted remarks compared to Poland). This allows Poland to join the group of 10 most active member states
(in the years 20042006 Poland ranked 8th300; in the period 20052007 9th). The greatest
298
299
300
No data available for 2004 and 2008.

No data available.
No data available for the following years.
505
506
number of written observations in preliminary ruling cases is submitted by the Netherlands, Italy and Germany (each of them submits annually approximately twice as many
observations as Poland). It must be borne in mind, however, that courts of exactly the
same three member states ask the largest number of questions for a preliminary ruling to
the Court, and their general rule is to present a position in the cases brought before the
Court in connection with a questions from a court of own state.
Table 3. Number of complaint lodged by new member states against Community institutions301
MEMBER STATE
2004
2005
2006
2007
2008
2009
TOTAL
Bulgaria
Cyprus
10
Czech Republic
Estonia
Lithuania
Latvia
Malta
Poland
10
Romania
Slovakia
Slovenia
Hungary
Notification by Poland of written observations in so many preliminary ruling

cases proves that, firstly, there is a high awareness among government administration
officials of the significance and possibilities offered by participation in such proceedings.
Secondly, that administration was well prepared to fulfil this task, i.e. that an effective
system of representation in proceedings before the Court of Justice was build. Moreover
it seems that high level of Polands activity in preliminary ruling procedures was contributed to by provision by the Court (regularly since 2006) of translations of applications
for a preliminary ruling (or their summaries) into Polish, accompanying the application
itself. This constitutes significant facilitation for Polish administration in an analysis of
the problem underlying the preliminary ruling case and in development of a position,
301
506
The comparative listing takes into account jointly the complaints submitted to the Court of Justice and the Court of First Instance.
507
which is, by the way, presented also in Polish. Anyway it can be stated that language
is not a barrier in making a decision on joining preliminary ruling cases conducted under regular procedure (as regards preliminary ruling cases under urgent procedure, low
activity of Poland is likely to follow from the fact that documents are provided in the
original language of a proceeding accompanied by a working translation into French).
During 5 years of membership in the EU, Poland has lodged the largest number
of complaints to the Court beside Cyprus. It was the only state to bring as many as 3
complaints in the first year of membership (in all those complaints Poland called in question the actions of Community institutions undertaken after accession to the EU and,
in its opinion, incompatible with the results of accession negotiations). Submission of
such a large number of complaints testifies to high awareness of legal instruments in the
possession of a member state and awareness of its rights that should be defended.
Among new member states, Cyprus also lodged 10 complaints, but it withdrew
as many as 8 of them within 3 months (those cases concerned statements of invalidity of
8 invitations for offer). Among EU-15 states, the largest number of complaints (within
the same period) was lodged by Italy (38), Germany and Spain (11 each) as well as the
Netherlands and Greece (8 each).
Table 4. Number of new cases brought by the Commission against individual new member
states (infringements of Treaty obligations)
STATE
2004
2005
2006
2007
2008
2009
TOTAL
Bulgaria
Cyprus
Czech Republic
16
Estonia
Lithuania
Latvia
Malta
10
Poland
10
21
Romania
Slovakia
Slovenia
Hungary
507
508
So far the Commission has lodged a greater number of complaints against Poland
than against any other new member state. A comparable number of cases was brought
before the Court (although still one fourth less) only against the Czech Republic, and
Malta ranked third with half of the number of cases compared to Poland. Significant
rise in the number of complaints in the last two years is alarming. Unfortunately there
are no reasons to believe that this trend has been put to a halt. As shown by statistics
concerning EU-15, in a single year even as many as 36 cases can be instituted against
one member state, e.g. against Italy (28 against Spain in 2003 and against Luxembourg
in 2006). Comparing Poland to other large member states302, we can expect a further
growth in the number of cases lodged to the Court. Annually the Commission submits
the following number of cases: against France between 23 and 9 cases, against Spain
between 21 and 6 cases, against Germany between 15 and 11 cases, against Italy between 36 and 23 cases, and against the United Kingdom between 12 and 2 cases. At
the same time examples relating to the EU-15 states referenced above, show clearly that
disputes concerning infringements of Treaty obligations are an indispensable element of
membership in the European Union.
In 2008 as much as half of cases lodged against Poland concerned non-communication to the Commission of national measures implementing specific acts of the EU law
(and not incorrect transposition). This corroborates the trend within the Commission
to give priority in submission to the Court to cases concerning non-communication. In
such cases it is more difficult to exercise the eligible law to defence, because it is difficult to defy facts (non-communication to the Commission about measures adopted with
a view to transposing specific legal acts). Only in cases concerning non-compliance or
incorrect application of the acquis, one can build real legal argumentation for defence of
an adopted legal solution.
***
In recapitulation of the matters discussed herein, the number of cases and the broad scope of topics in cases Poland intervened in, testifies to its active participation in proceedings before the Court of Justice and the Court of First Instance and thus to real exercise
of a valid right it has as a member state to promote its own vision of legal regulations.
302
508
Years 20042007 are taken into account.
509
It is worthwhile expressing hope for further activity of Poland in proceedings

before the Court. This concerns first of all participation in preliminary ruling procedure,
which shall allow for strengthening of the role of Poland in giving shape to Community
jurisdiction through influence on interpretation of the EU law.
This concerns also litigious cases, both the ones where Poland is the intervener
and those where it is the plaintiff. In the future practice of initiation of proceedings before the Court of Justice of the European Communities, we should recommend not only
careful consideration of political arguments speaking in favour of the necessity to call
individual solutions in question, but also an assessment of the legal argument in a given
case. Of course we cannot deny to a member state the possibility to be guided by political
motivation, but only existence of legal arguments may lead to intended by Poland change of its situation as a result of abolishment by the Court of Justice or the Court of First
Instance of a measure detrimental for Poland. But if an exclusively political complaint
is lodged, whose negative result is very likely, it is worthwhile considering withdrawal
of such complaint at a later stage this shall allow, on the one hand, for attainment of
a political goal (i.e. submission of a complaint in defence of specific vital interests of the
state), and on the other for avoidance of a verdict detrimental for the state.
Now as concerns the cases where Poland is the defendant, we can express hope
that each year there will be fewer cases where the Commission submits complaints to
the Court concerning infringement of Treaty obligations by Poland. But if it decides to
proceed with the case by recourse to law, we can only hope that they will concern real
legal disputes (i.e. different interpretation of regulations), and not issues that as a rule
cannot be disputed, i.e. non-communication of national measures implementing the EU
law. In such cases Poland will be really able to exercise its right to defence effectively.
509
510
S trengthening public administration: from

beneficiary to donor of assistance
Polands becoming one of the EU Member States was possible also owing to
support received by the Polish public administration in the form of EU funds under
Institution Building programmes. The Transition Facility303 was a continuation of assistance to alignment processes financed by the European Union in the pre-accession
period under the Phare programme304, albeit much more modest in terms of its value.
Implementation of projects under this programme was an important mobilising factor
for the Polish public administration to take actions under a pre-defined strategy within
a set timeframe305.
In 20042009, Polish administration used the EU financial support under three
allocations of Transition Facility 2004, 2005 and 2006, implementing projects seeking to
align Polish systemic solutions and structures with the Community standards and acquis
communautaire. The funding used in the implementation of Institution Building projects
made it possible for the Polish public administration not only to gain valuable experience
in terms of structural alignments necessary to function properly in the EU, but also to
train experts ready to share their knowledge in many areas. During the process of implementation of projects by Poland as a beneficiary of financial support in liaison with
public administration institutions of EU Member States, valuable contacts were established. These contacts subsequently formed the foundation based on which experience,
now common, is shared with other countries.
Transition Facility funds allocated to the so-called new Member States.

Phare (Poland and Hungary Assistance for Restructuring their Economies) formerly PHARE, in 1990 the official name was changed to Phare as the list of
beneficiary states was extended. Twinning projects have been implemented since 1998, mainly in candidate countries as beneficiaries.
305
L. Prokopowicz, Od biorcy pomocy rzeczowej do dawcy pomocy przedakcesyjnej, ed. T. Koodziej, B. Mrwka, Phare w Polsce 19902007, UKIE, Warsaw 2007,
p. 6.
303
304
510
511
Transition Facility
In the first five years of Polands membership in the European Union, Poland
continued with its effort focused on the building of the effective public administration
and justice system (administrative and judicial capacity) by: strengthening of human
resources (public administration officers, judges, and justice administration personnel),
further implementation of the acquis communautaire and strengthening of legal and legislative capacities, as well as investments in the technical base to ensure practical implementation of the Community standards and requirements.
To support these key actions, the EU decided to grant additional funds to
Poland known as the Transition Facility. Other EU-10 countries also received this
support. Both the programmes mission statement as well as the adopted priorities
and mechanisms of the Transition Facility were essentially identical with the Institution Building Phare programme. As such, the Transition Facility is an extension
and continuation of the Institution Building Phare programme based on the assumptions and implemented within the structures established in the pre-accession period.
The Structural Funds or the Cohesion Fund, which became available to Poland at the
same time, are completely different from the Transition Facility not only in terms
of the scale of the funding available, but also in the methods of implementing and
managing the EU funds.
The Transitional Facility funds were granted to Poland pursuant to Art. 34 of
the Accession Treaty. In the three following years, i.e. from 2004 to 2006 Transition
Facility funds were used to provide further assistance to public administration bodies in
Poland for the implementation of the Community acquis, both in the form of training
and expert assistance, as well as partial financing of specialist equipment for the selected
public services. As in the case of Phare, the amount of funds received by Poland was
the highest of all beneficiary countries, although much lower than under Phare Institution Building. Under subsequent allocations, Poland was granted about EUR 49.9mln in
2004r., EUR42.9mln in 2005, and about EUR 22 mln in 2006306.
Transition Facility for 20042005 allocation was granted to Poland pursuant to the following documents: Commission Decision of 29 November 2004 on the
financial contribution of the Transition Facility for strengthening institutional capacity in the Republic of Poland; Commission Decision of 2 August 2005 on the
financial contribution of the Transition Facility for strengthening institutional capacity in the Republic of Poland; Commission Decision of 27 July 2006 on the
financial contribution of the Transition Facility for strengthening institutional capacity in the Republic of Poland.
306
511
512
Just as in the case of Phare, beneficiaries had two years to sign contracts and an
additional year to complete the implementation of projects under each allocation of the
Transition Facility (in total, by the end of 2009).
Programming and implementation

Work on the development of projects to be financed under the Transition Facility
programme was based on the Commissions Monitoring Report307 published in November 2003. Future beneficiaries of these projects were involved in the programming of the
subsequent allocations of the Transition Facility by submitting project proposals to UKIE
for assessment of their compliance with the Commissions requirements. Projects agreed
in Poland (project fiches) were submitted to the European Commission for verification
and approval. Following negotiations with the Commission, final project proposals for
20042006 were approved based on the European Commission Financing Decisions. The
process of the Transition Facility programming308 was closed in 2006, after the final decision was made and the exchange of letters was completed.
Based on the Memorandum of Understanding on the Implementation of the Transition Facility signed between Poland and the European Commission, the rules of implementation of projects financed under the Transition Facility were defined. They were
essentially similar to those adopted in Phare Institution Building programme309.
As the requirement to obtain the Commissions approval for main actions taken
during the implementation of projects was removed for the last allocations of Phare programme, the Transition Facility was implemented from the very beginning in the EDIS,
i.e. Extended Decentralised Implementation System. In practice, it meant that key decisions related to project implementation (e.g. contracting, modification of contract scope,
remedies in case of problems, as well as project financing and settlement) were taken by
the designated public administration institution, or required its approval310.
On-going monitoring was an important element of the process of implementation of the Transition Facility projects311. Information on the progress of implementation
Monitoring reports and regular reports were documents developed by the European Commission for the Council and Parliament in the pre-accession period.
They contained analyses of Polands obligations of its future membership in the EU, i.e. acquis communautaire set out in the treaties, secondary law, and the EU
policy.
308
The Transition Facility programming was conducted by the National Aid Coordinator Department of the Office of the Committee for European Integration
(UKIE), cooperating directly with the future project beneficiaries.
309
The work under the Transition Facility programme was supervised by the Office of the Committee for European Integration, supported by the Cooperation
Fund Foundation acting as the Central Finance and Contracting Unit (like in the case of Phare Institution Building).
310
In this case, Department for Institution Building Programmes of UKIE.
311
The monitoring was ensured by the National Aid Coordinator Department and Department for Institution Building Programmes of UKIE.
307
512
513
was presented in half-year reports prepared by beneficiaries, and selected projects were
subjected to additional monitoring on the beneficiarys premises during the so-called
monitoring visits. The process of monitoring was accompanied by the exchange of information, and project implementation updates were submitted to the Commission in the
form of reports.
Evaluation (i.e. project assessment at various stages of implementation) was also
key to the proper assessment of the effects of implemented projects312. It can take the
form of ex-ante evaluation (project evaluation at the programming level), interim evaluation (in the course of the project), and ex-post evaluation (comprehensive evaluation
after the project has been implemented). As the Transition Facility programming was
completed in 2006, ex-ante evaluation is currently not used. Since August 2003, Poland
has been responsible for coordination of interim evaluation of Institution Building programmes, and the European Commission remains in charge of ex-post evaluation. The
purpose of interim evaluation scheme is twofold: (1) to provide an independent analysis
of the effectiveness of on-going programmes in terms of achieving their objectives, and
(2) to disseminate the lessons of experience with a view to improving the implementation of current programmes.
Areas covered by the Transition Facility

Just as in the case of Phare Institution Building, the main areas receiving assistance under the Transition Facility included:
l
justice and home affairs (strengthening of the judicial system, including further
improvement of judicial proceedings, and strengthening of law enforcement capacities)
l
public finance, including financial control, tax administration; Local Government
Budget Management (LGBM) System;
l
financial supervision; assistance was used by the Polish Financial Supervision
Commission, launching twinning cooperation with its partner institutions;
l
agriculture and rural development as well as phytosanitary and veterinary services (the latter have been using substantial amounts of aid funds, improving qualifications of veterinarians and financing research activities focused on e.g. BSE);
l
administrative food safety control;
312
The evaluation was the task of the National Aid Coordinator Department of UKIE.
513
514
competition and consumer protection (e.g. Office for Competition and Consumer
Protection used the financing for expert opinions on consumer protection and
product testing conducted by the Trade Inspection);
environmental protection.
Chart 1. Share of the Transition Facility assistance by sectors

justice and home affairs
14%
administration
45%
agriculture
11%
environment
and transport
14%
internal market
16%
Source: O
wn study based on materials provided by UKIEs Department for Institution Building
Programmes.
In addition, NGOs received the Transition Facility assistance for the total amount
of over EUR 12.5 mln (the Transition Facility allocation 2004 and 2005). These projects
were focused on strengthening the process of building civil society based on the implementation of initiatives submitted by beneficiaries. Although, the Transition Facility
funds allocated to this area cannot be compared to the financing received by NGOs from
Phare in the pre-accession period, launching the grant programme was an important
development313.
The Transition Facility also covered a grant project for the dissemination of evaluation culture, which is necessary in the proper process of implementation of not only
Institution Building projects, but any projects in general, in particular including those
financed with EU funds.
313
514
In these projects, UKIE was not only responsible for project supervision, but also for project initiation and development.
515
The Transition Facility implementation instruments

Under subsequent allocations of the Transition Facility 20042006, depending on
the project objectives, the implemented contracts included Technical Assistance (IT and
electronic systems management), small-scale purchases of equipment for the implementation of the acquis, twinning, and grant contracts. The first two instruments were
implemented through public procurement contracts and were based on support from the
private sector. In this period, 170 public procurement procedures were conducted for
technical assistance and equipment purchase, the vast majority of which concluded with
the signing of 163 public procurement contracts314.
Chart 2. Amount of the Transition Facility 20042006 allocation and contracted funds
50 000 000 EUR
45 000 000 EUR
40 000 000 EUR
35 000 000 EUR
30 000 000 EUR
25 000 000 EUR
20 000 000 EUR
15 000 000 EUR
10 000 000 EUR
5 000 000 EUR
0,00 EUR
TF 2004
contracted
TF 2005
TF 2006
allocated
Source: O
Programmes.
342 contracts were signed for grants to NGOs under two implemented projects.
In parallel, work on initiating and launching twinning cooperation between Polish public administration institutions and their counterparts in other Member States was car314
According to UKIEs Department for Institution Building Programmes.
515
516
ried out. Twinning, an initiative of the European Commission launched over ten year
ago as the main instrument for the implementation of Institution Building projects, was
one of the key mechanisms for the implementation of projects co-financed under the
Transition Facility.
Twinning concept
Twinning was launched in 1998 by the European Commission. The main objective of twinning is to support public administration institutions and assist in the development of modern and efficient administrations in beneficiary countries covered by programmes financed by the Commission, such as Phare, Transition Facility, CARDS, TACIS
MEDA, ENPI, IPA315. Twinning is based on partnership cooperation and exchange of
experience between Member State administration and beneficiary country administration316. Twinning projects are supposed to provide specialist training conducted in beneficiary countries and studies in the specific areas of co-operation, based on which reports
or recommendations are developed. In addition, study visits to beneficiary countries may
be organised in order for their participants to see how local solutions work in practice.
During the 5 years of its EU membership, Poland participated in twinning programmes as a beneficiary drawing on the experience of UE-15 administrations, and as
a donor passing on the newly gained skills and knowledge to other beneficiaries. Polish
public administration institutions developed effective methods of implementation of the
EU solutions as regards the alignment of the Polish law with the acquis communautaire.
Using the Communitys financial support, Poland strengthened its public administration
structures, adjusting and preparing them to their new role as a donor instead of a beneficiary. Contacts with the EU public administration institutions helped to continue the
partnership co-operation and to offer support to other countries covered by the Commissions financing programmes.
CARDS (Community Assistance for Reconstruction, Development and Stabilisation) Assistance Programme to Western Balkans, with the exception of Croatia;
Twinning projects implemented since 2002;
TACIS (Technical Aid to the Commonwealth of Independent States) the programme currently covers 12 countries of Eastern Europe and Central Asia: Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Russia, Tajikistan, Turkmenistan, Ukraine and Uzbekistan; Twinning projects have been
implemented since 2003;
MEDA (Mediterranean Development Assistance) programme for the Mediterranean and Middle East countries: Algeria, Lebanon, Syria, Tunisia, Morocco,
the Palestinian Authority, Jordan, Egypt, and Israel; Twinning projects have been implemented since 2004. In 2007, TACIS and MEDA were replaced by ENPI,
while Phare and CARDS were replaced by IPA;
ENPI (European Neighbourhood and Partnership Instrument);
IPA (Instrument for Pre-Accession Assistance).
316
Twinning projects may involve public administration bodies and the so-called Mandated Bodies, later referred to jointly as public administration institutions.
315
516
517
Poland as a beneficiary of EU financial assistance

The implemented contracts can be broken down into two types of projects: twinning and twinning light projects317. The selected type of projects was closely related to
the nature of the implemented measures and expected outcomes. Long-term objectives
required a longer implementation timeframe and higher budget, and were implemented
in the form of standard twinning contracts. Twinning light projects were short-term
undertakings, usually focused on training.
In the Transition Facility 2004 allocation, 18 twinning contracts of the total value
of EUR 28.7 mln were implemented, as well as 10 twinning light projects of the total
value in excess of EUR 2 mln. In the Transition Facility 2005 allocation, 13 twinning
contracts and 12 twinning light contracts of the total value of EUR 10.8 mln and EUR
2.4 mln, respectively were implemented. Projects implemented under the Transition
Facility 2006 allocation included 10 twinning contracts and 13 twinning light contracts
of the total value of EUR 7.6 mln and EUR 2.3 mln, respectively318. These funds were additionally accompanied by funds contributed by the Polish beneficiaries319. The average
rate of Polish co-financing totalled about 10% of contract value320.
Over the past five years, the majority of twinning contracts were implemented
in sectors such as: agriculture, finance, public health, justice and home affairs, environmental protection, as well as: economic policy, employment and social policy, transport
and energy, and regional development.
The majority of projects under Transition Facility 20042006 allocations were
implemented by Polish public administration institutions in co-operation with German and Italian partners. As regards German counterparts, joint projects involved mainly justice and home affairs as well as finance. Italian partners were involved in twinning projects in the area of agriculture, public health and environmental protection.
French and British administrations were also involved in the twinning co-operation
with their Polish counterparts in this period, mainly in the area of finance, economy
and agriculture.
Twinning project: budget over EUR 250,000; project duration at least 12 months; co-ordinated by Resident Twinning Advisor (RTA). Twinning light project:
budget up to EUR 250,000; project duration up to 6 months, 8 months in special cases; no RTA.
318
319
In the case of twinning light contracts, project co-financing is not mandatory.
320
317
517
518
Chart 3. Twinning projects implemented under the Transition Facility 20042006 allocations
broken down into sectors
Environment
7
Other
6
Economy and
Labour
5
Justice and Home

Affairs
10
Transport
3
Agriculture
18
Public Health
12
Finance
15
Source: O
Programmes.
Three twinning contracts focusing on counteracting the threat of corruption in

Poland, implemented with German partners under each allocation of the Transition Facility 20042006, are a good example of twinning co-operation in the area of justice and
home affairs. Apart from the services of the Ministry of the Interior and Administration,
beneficiaries of these projects also included the Ministry of Finance, Ministry of Sport,
and the Central Anticorruption Bureau. Implementation of these projects resulted in the
strengthening of the institutional capacity of the Polish public administration in terms
of anti-corruption activities, alignment of anti-corruption methods and systems with
the EU standards, improvement of knowledge, and increased sensitivity to the threat of
corruption in high-risk groups.
Another successful example of twinning is the active participation of Italian public
administration in several projects in the area of agriculture, public health and environmental protection, which contributed to i.a. the modernisation of the Polish agriculture,
improvement of food safety, strengthening of veterinary administration, as well as improvement of the state supervision in areas such as health protection, water quality control,
518
519
plant and agricultural produce protection, and environmental health. One of the most
successful projects in agriculture was implemented under the Transition Facility 2005
allocation by the Ministry of Agriculture and Rural Development as well as Agricultural
and Food Quality Inspection (IJHARS) and local certification bodies, seeking to strengthen public administration in terms of control and certification of organic farming.
It is worth pointing out that twinning co-operation with public administration
institutions from Germany, Italy, France, and the UK is reflected in many projects implemented jointly by Polish public administration institutions and their counterparts from
these Member States as donors.
Chart 4. EU Member States as donors of the twinning assistance for Poland under the Transition
Facility 20042006 allocations
25
Number of projects
21
20
19
15
10
10
ce
Gr
ee
ni
a
Sl
ov
e
en
ed
Sw
nm
ar
k
De
nd
s
Th
e
Ne
t
he
rla
tr
ia
Au
s
ai
n
Sp
UK
ly
Ita
an
c
Fr
Ge
rm
an
y
Source: O
Programmes.
Polish public administration institutions benefited from this financial assistance

to a varying extent. Under the Transition Facility 20042006 allocation, the majority of
the projects were implemented by the Ministry of Agriculture and Rural Development
and its agencies, as well as the Ministry of Finance, including the customs services. In
addition, the Ministry of Health as well as the Ministry of the Interior and Administration were also active beneficiaries of twinning projects, including in particular the Police
and the Border Guard.
519
520
Chart 5. Number of twinning projects implemented under the Transition Facility 20042006
allocations broken down into beneficiary institutions321
Number of projects
20
15
10
5
18
13
12
8
7
5
3
in
ist
ry
o
Ru f A
ra gr
l D icu
ev ltu
el re
M
in opm an
ist
d
ry ent
of
Fi
na
M
in
nc
ist
e
M
r
y
in
of
ist
He
ry
al
o
th
Ad f In
te
M
m
in
r
i
ni io
ist
st r a
ry
ra n
of
tio d
En
n
vi
ro
M
nm
in
ist
en
ry
t
M
of
in
ist
Ec
ry
on
of
om
Of
In
y
fic
fr
e
a
st
f
ru
Co or C
ct
ns om
ur
um p
e
er eti
t
P
i
Fi
on
r
o
na
te a
M
in
nc
ct nd
ist
i
ia
lS
ry on
up
of
er
Ju
vi
st
Of
sio
ic
fic
e
n
e
Co
of
m
m
Eu th
iss
ro e C
io
pe o
n
an mm
In itt
te e
M
Th
in g e
e
a is ra fo
Ch nd try tio r
an
S o n
ce oci f L
lle al ab
ry Po ou
of licy r
th
e
M Pri
in m
ist e
er
Source: O
Programmes.
In order to ensure the efficiency of information exchange and coordination of

actions connected with the use of twinning assistance by public administration institutions, the European Commission requires that a responsible institution322, the so-called
Administrative Office323 be established in each Member State. The Administrative Office
carried out its tasks in close co-operation with the European Commission, Polish public
administration institutions involved in the implementation of projects, as well as with
National Contact Points for twinning activities324, in Member States and other countries
covered by twinning programmes. In Poland, the Administrative Office replied to queries regarding any procedural matters related to twinning and assisted beneficiary institutions in the implementation of projects. Contacts established with National Contact
Points in other Member States became a corner stone of good co-operation when the
If a number of institutions are/were beneficiaries under a single twinning project, only the leading institution was considered; individual Ministries include
beneficiary institutions supervised by a given Ministry.
322
Pursuant to the Twinning Manual.
323
In Poland, twinning projects are co-ordinated by UKIEs Department for Institution Building Programmes. Tasks of Administrative Office are described in the
Twinning Manual, Section 2.7.
324
Tasks of National Contact Points in the beneficiary country are described in the Twinning Manual, Section 2.4.
321
520
521
role of Polands public administration institutions changed from beneficiaries to donors.

Joint implementation of projects by Polish institutions and EU-15 administrations made
it possible to establish permanent relations and continue this partnership in a new role
in various sectors of the Polish public administration.
Poland as a donor of twinning assistance

As of the date of accession of Poland to the European Union, Polish public administration institutions have been able to participate in twinning projects under all programmes financed by the European Commission, i.e. Phare, Transition Facility, CARDS,
TACIS MEDA, ENPI, and IPA325.
Thanks to their participation in the above-mentioned twinning projects, Polish
public administration institutions were able to present offers of co-operation to public
administration institutions from countries beneficiaries of the Commissions financial
assistance. Pursuant to the rules of twinning, an institution may either develop an offer
to be implemented individually or in a consortium with public administration institutions from other Member States, or send experts representing a given Ministry or public
administration office.
To a large extent, the specific form of co-operation was determined by the enlargement from EU-15 to EU-25 and subsequently to EU-27, as the enlargement changed
the ratio of beneficiaries vs. donors of assistance, to the benefit of the former. With the
increasing competition among prospective donors from Member States, close co-operation between institutions became necessary. This in turn increased the number of joint
offers (consortium offers). This trend obtained the Commissions approval for several
reasons. Firstly, consortium offers developed by two or three Member States highlighted the idea of close co-operation among Member States. In addition, the possibility of
transferring complementary experiences from different countries was of key importance
for the quality of assistance.
With the enlargement of the European Union by new Member States that became donors of assistance, just like Poland, as well as the aforementioned trend to present
joint offers, a new trend in twinning developed to the benefit of new Member States,
namely co-operation between EU-15 and EU-12. Consortium offers presented jointly
by new and old Member States ensured their beneficiaries many years of hands-on
325
Since mid-2003, Poland has been able to participate in projects financed under CARDS, MEDA and TACIS as a donor.
521
522
experience in and knowledge of the Community acquis on the one hand, and unique
experience of a beneficiary on the other. It was a very successful form of co-operation
from the point of view of public administration from new Member States, as they could
draw on the experience of EU-15 Member States in the first years of their membership
in terms of provision of assistance and develop their own internal procedures and principles of implementation of twinning.
If we take Poland as an example, offers of co-operation developed by Polish public administration institutions are mainly based on consortia. The shares of other forms
of co-operation (single proposals or ad-hoc provision of expert services) are comparable
to each other.
Chart 6. Types of twinning proposals placed by Polish public administration institutions
Consortium proposals
39
Ad hoc experts
17
Individual proposals
25
Source: O
Programmes.
By the end of January 2009, Polish public administration institutions declared

their readiness to participate in 81 projects in total and were or are involved in the implementation of 30 such projects under Phare, Transition Facility, CARDS, TACIS MEDA,
ENPI, and IPA. Polish institutions developed 39 offers of co-operation, 13 of which were
selected and are now being implemented326. Of these, 9 offers were developed together
with Italian public administration institutions. Other countries often co-operating with
326
522
According to UKIEs Department for Institution Building Programmes, as at 31 January 2009.
523
Poland in this area included France, the UK, and Germany. Polish institutions also cooperated with administrations representing Austria, the Netherlands, Spain, Denmark,
Finland, Portugal, as well as Slovenia and Hungary327.
If we analyse the directions of assistance provided by Polish public administration institutions broken down into beneficiary countries, it is obvious that the majority
of proposals were selected by public administration institutions representing Romania,
Bulgaria, and Ukraine. Polish administration was also active in the Western Balkans.
The above directions partially overlap with priority foreign polity directions adopted
by Poland. Therefore, it comes as no surprise that countries of Northern Africa are not
of particular interest to Polish public administration institutions. It also results from the
language barrier and no history of co-operation between those countries.
Chart 7. Countries where twinning projects were/are implemented by Polish public
administration institutions
Number of projects
12
11
9
6
ai
ne
Uk
r
Tu
rk
ey
ia
co
an
Ro
m
ta
M
or
oc
al
M
Ko
so
vo
t
yp
Eg
tia
Cr
oa
Al
b
an
ia
He Bos
n
rz ia
eg a
ov nd
in
a
Bu
lg
ar
ia
Source: O
Programmes.
The most active institutions acting as donors in the period 20042009 were the
Ministry of Finance, the Ministry of Agriculture and Rural Development and its agencies, the Ministry of Interior and Administration, including the Police and Border Guard, as well as Public Procurement Office. Public administration institutions that were
most active in the implementation of projects as beneficiaries remained leaders as donors
327
523
524
as well. The experiences and contacts gained in the process, as well as new language and
organisational skills helped them develop and present their own offers of co-operation.
The participation of Polish public administration institutions as donors in the
implementation of twinning projects involved a number of benefits, both financial and
non-financial. Donors in twinning projects received funds to cover any types of expenses
directly connected with the implementation of twinning contracts. These funds could
be earmarked for the strengthening of human resources of donors based on training and
improvement of working conditions or compensation to experts, mainly to prevent the
unwanted turnover of highly qualified personnel.
Considering that in 20042009 Polish institutions were still gaining experience
as donors of Community assistance, actions were taken to increase the involvement of
Polish administration in twinning. These actions consisted i.a. in the organisation of training for public administration personnel. In 20042007, training participants included
mainly the employees of the Ministry of Agriculture and Rural Development as well as
the Ministry of Interior and Administration (the Police). With the ever-increasing interest of Ministries and public administration institutions in the role of donors, in 2008
two training sessions were organised, attended by over 150 employees of about 30 public
administration institutions. The goal of these trainings was to present the idea behind
twinning and principles of participation of public administration institutions as donors
in twinning projects.
To provide better access to information on the feasible projects, a twinning website was launched328. In addition, Twinning Manual for Donors was developed as
a collection of practical guidelines on organisational, financial, and procedural aspects of
twinning for Polish public administration institutions planning the implementation of
twinning projects.
In summary, twinning proved to be very beneficial for Polish public administration institutions. The key benefits of twinning included the establishment of new
contacts and a chance for Polish public administration institutions to exchange experiences with their counterparts in Member States and third countries. The experience
thus gained or extended was used not only to promote Polish institutions in beneficiary countries, but also internationally. As for experts involved in the implementation
of projects, they gained new experience, improved their qualifications, and established
new professional contacts. At the same time, the implementation of twinning contracts
328
524
www.twinning.gov.pl.
525
contributed to the strengthening of Polands political and economic relations with beneficiary countries considered to be Polands strategic foreign policy partners, such as
Ukraine or other Eastern Partnership countries.
ilateral assistance: supporting third countries on the

B
road to the EU
From the beginning of the transition process, Poland was a beneficiary of foreign
assistance both from EU Member States and from countries such as the USA, Canada, or
Japan. As the tables have turned, Poland is now becoming a donor of assistance directed
mainly to countries undergoing a similar political, economic and social transition. In
addition to projects financed by the EU and implemented under the EU instruments (e.g.
twinning or TAIEX329), for the past several years Poland has been an active supporter of
certain countries using its own budget funds. This support can take the form of technical
assistance, i.e. the sharing of knowledge and experience through the organisation of seminars, study visits, or workshops in Poland or in beneficiary countries330.
Support activities were directed to two groups of countries: the first group included candidate countries and potential candidates to the EU from Western Balkans331,
the other countries covered by the European Neighbourhood Policy (ENP)332, and in
particular the future beneficiaries of the Eastern Partnership (Ukraine, Belarus, Georgia
and Moldova). As their membership is a matter of a rather distant future, at this stage
the ENP countries focus mainly on the alignment with the EU standards, both in terms
of the overall standards of work of public administration institutions, as well as in many
specific areas such as food safety or civil aviation.
Actions aimed at providing assistance to the Western Balkan administrations
were initiated at the Budapest meeting of Ministers of Foreign Affairs of members of
the Regional Partnership initiative333 as well as the Western Balkan countries (Albania,
Technical Assistance and Information Exchange Office is the advisory and information unit of Directorate-General Enlargement of the European Commission,
providing short-term technical assistance in the field of approximation of a countrys legislation to the acquis. TAIEX organises workshops and study visits in
beneficiary countries and covers all costs of these activities.
330
Since 2006, these activities are managed by UKIE, within the scope of its responsibilities covering the coordination of all aspects of preparation to the EU
membership and alignment with the EU standards.
331
The Western Balkan candidate countries are Croatia and Macedonia; potential candidates include Albania, Bosnia and Herzegovina, Montenegro and Serbia.
332
The European Neighbourhood Policy was launched in 2004 in connection with another EU enlargement. It applies to the EUs immediate neighbours by land
or sea (with the exception of Russia, covered by the so-called Strategic Partnership) and offers them a privileged relationship with the objective of avoiding the
emergence of new dividing lines between the enlarged EU and its neighbours.
333
Members of this forum of political dialogue for Central European states include Austria, the Czech Republic, Hungary, Poland, Slovakia and Slovenia.
329
525
526
Bosnia and Herzegovina, Croatia, Macedonia, Serbia and Montenegro) held in October
2005. At this meeting, Hungary proposed the co-ordination of actions supporting the
integration efforts of the Balkan states and the division of labour among members of the
Regional Partnership, with each member specialising in the co-ordination of assistance
in the area it is most experienced in. Being the top beneficiary of EU financial assistance
of all new Member States in terms of incoming transfers, Poland assumed the responsibility for the priority use of assistance from the EU budget334.
From 2006 until the end of 2008, three projects for Western Balkans were implemented335, financed both from UKIEs own budget and funds managed by the Ministry of
Foreign Affairs and earmarked for development co-operation. The key objective of these
projects was the exchange of experience in the area of programming, implementation,
monitoring and evaluation of EU assistance in Poland. However, this scope of activities
was often extended at the request of partner countries; and the additional subject areas
included social communication and information policy related to the European integration, harmonization of law, pre-accession negotiations, or the EU policy co-ordination
system. During these three years, dozens of workshops, study visits, and internship were
organised for some 130 representatives of the Balkan states. In addition, several visits of
Polish experts to the involved beneficiary country institutions were carried out.
At the annual seminars summarising project-related activities, representatives
of the Western Balkan countries highlighted the importance of support offered by Poland. In particular, attention was drawn to the possibility of discussing certain practical
problems and difficulties, as Polands experience in tackling problems emerging in the
period of preparation to accession proved to be very valuable for the Balkan states at the
starting point to their road to full integration with the EU. Meetings between representatives of public administrations were an opportunity to exchange information on
the pros and cons of the solutions adopted in Poland, as well as mistakes made during
their implementation and lessons learned, which may help partner countries avoid these
problems in the future. EU-15 Member States cannot share their hands-on experience
in this area. The importance of Polands support for the integration efforts of the Balkan
countries was also stressed on many occasions336.
In accordance with the proposal put forward by the Polish Ministry of Foreign Affairs, UKIE became responsible for the co-ordination of the Polish administration activities in this priority area, given its experience in the programming, implementation, monitoring and evaluation of both pre-accession instruments
(Phare) and post-accession programmes (Transition Facility). Support to the Western Balkan states was based on the experience of UKIEs personnel, who have the
necessary theoretical knowledge and hands-on experience from the period of Polands preparations to EU membership, as well as on the know-how from other
institutions and persons working in Polish public administration institutions and involved in the utilisation of the EU financial assistance in various areas.
335
UKIEs National Aid Coordinator Department is responsible for the co-ordination of activities to the benefit of the Western Balkan states.
336
More information on UKIEs activities for the Western Balkan states is available at www.ukie.gov.pl/partnership.
334
526
527
While actions targeted at the candidates and potential candidates to the EU from
the Western Balkans are focused on the exchange of practical experience and concrete,
technical areas of co-operation due to the relatively probable accession of these countries
to the EU in the near future, the projects for Ukraine, Georgia, Moldova or Belarus are
focusing mainly on the strengthening of institutional capacities of their public administrations in areas of co-operation with the EU. Projects covering these countries were
financed by the Ministry of Foreign Affairs with development co-operation funds.
Ukraine is currently Polands key strategic partner to the east. In order to support
Ukraines sectoral reforms, Poland took actions to help align the Ukrainian legal and
institutional system as well as structural solutions to the EU standards. Projects were
focused mainly on the exchange of knowledge during study visits, internships and conferences organised in Poland, Ukraine, and Brussels337, as well as visits of Polish experts to
Ukraine. As a result, not only did Poland share its experience with Ukraine, but also gained insight into the needs and expectations of the partner country and information necessary to carry on this project in the years to come. 66 representatives of the Ukrainian
public administration were involved in project activities in Poland, and 30 representatives of the Ukrainian local government participated in a seminar organised in Ukraine. In
total, 200 persons from all across Europe took part in project-related conferences338.
In 2008, pilot projects for Belarus, Moldova and Georgia were also implemented339, focusing on the strengthening of institutional capacities of their public administrations in areas of co-operation with the EU. Each of these projects involved an analysis
of the needs of the partner country based on visits of Polish public officers, contacts with
persons responsible for project implementation on the beneficiarys side, or reports prepared by third-party experts. Data thus collected helped organise study visits, training
sessions and seminars in Poland, during which representatives of beneficiary countries
could gain insight into the structure of the Polish public administration and its offer of
assistance. As a result of these visits and trainings, the specific areas of interest of partner
countries were pinpointed, which will be used as a basis for the organisation of similar
activities in the years to come, this time on a larger scale.
The conference Europe a chance for Ukraine. The future of the Eastern Partnership for over 200 participants with the goal to present the background of Ukraines integration with the EU and promote the Eastern Partnership, as well as to highlight Polands role in assisting the Partnership countries in their efforts to
integrate with the EU.
338
According to the Office for Technical Assistance for Ukraine at UKIE.
339
Project activities were managed by UKIEs Department for Institution Building Programmes (Moldova, Belarus) and National Aid Coordinator Department
(Georgia). Pilot projects were participated by 27 representatives of Belarus, 10 public officers from Moldova, and 5 representatives of Georgia.
337
527
528
Conclusions
This chapter discussed a crucial change in the role played by the Polish public
administration in the five years of Polands membership in the European Union from
a beneficiary to a donor of financial assistance. To describe this shift, experiences of the
Polish public administration institutions were analysed.
The analysis involved Polands achievements in the absorption of funds under
three allocations of Transition Facility 20042006, with specification of sectors that received the highest amount of financing, the most active beneficiaries of financial assistance,
as well as the specific implementation instruments. Based on the example of twinning,
considered to be a very effective tool used for the strengthening of administrative capacities in the implementation of the acquis communautaire, certain specific tendencies in
co-operation among EU Member States were highlighted.
It turned out that those public administration institutions in Poland that received
the highest financing under the Transition Facility programme later became the most
active donors. In addition, co-operation between Polish public administration and institutions from other EU Member States in certain sectors usually continued by developing
joint twinning offers, this time with Poland acting as a donor.
Transition Facility financial assistance received by Poland contributed to the
creation of an institutional system ready to function within the Community policies,
including in particular the structural policy, the Common Agricultural Policy, and the
Common Market. The active participation of Polish public administration institutions in
the use of assistance in these areas translated not only into Polands acting in these sectors as a donor, but extended beyond programmes financed with EU funds and included
also projects financed with development co-operation funds.
With the extension of assistance and the active role of Poland as a donor, representatives of partner countries assisted by Poland (based on visits in Poland, meetings,
and consultations with persons involved in preparations to the membership in the EU)
had a chance to gain insight into the benefits of accession to the European Union. It
must be stressed that for countries undergoing a similar process of political and economic
transition, the chance to use Polands experience is of key importance in the context of
the sustainability of their own reforms.
528
530
ould it be easier to endure through

W
the crisis outside the EU?
Witold M. Orowski
May 2004 a symbolic end of transition

The accession to the European Union in May 2004 became an important landmark in the history of Polands development. It came after 15 years of transition that
had started with the turn of 1990 reform which were abrupt and painful for the society
and changed the economic system. Even a cursory look at the state of the Polish economy a dozen or so years back helps to realise the success achieved by Polish society.
In 1989, Poland was virtually bankrupt, unable to pay off interest on debts incurred by
communist authorities, production dwindled, shelves in shops were empty, prices skyrocketed by several dozen per cent monthly. Western observers were asking themselves
a question whether the Polish economy actually stood a chance of survival and reform,
or whether it was doomed to economic catastrophe that the country would not recover
from in another several dozen years.
The road to the market economy proved to be more painstaking and protracted than initially believed. Immediately after the reform was introduced, production
and real income dropped sharply, while a relatively high inflation rate persisted. Later
on, however, and sooner than in any other transition country, economic growth came
back, relatively high but also very unstable. The most important reforms during the
transition process proved to be hard and painful. Privatisation and restructuring of enterprises were accompanied by a marked growth in unemployment. It took many years
to stifle inflation and restore confidence in money. Liberalisation and opening to the
world brought about a marked trade deficit growth, accompanied in the early years of
530
Independent Center for Economic Studies NOBE, WUT Business School
531
Would it be easier to endure through the crisis outside the EU?
transition by a relatively slow inflow of foreign capital, clearly less robust than in other
Central European countries. The establishment of institutions required for the smooth
operation of the modern market progressed with difficulty, and the results were often
less impressive than expected. Finally, meeting the requirements of the European Union
membership turned out to be costly and complicated, and the negotiations themselves
long-drawn-out and arduous.
Nevertheless, Poland finally acceded to the EU in May 2004, bringing a symbolic
end to the over-50-years-old divide of the continent into a better Europe, developing
faster and offering a high living standard to its citizens, and worse Europe, east of the
iron curtain. Accession to the EU was also the coping stone of the transition process.
Following several years reforms, we now have a smoothly operating market economy
in Poland, capable of developing and facing global competition. After decades of sluggish development in the communist reality, and then a painful transition, the gap between both parts of Europe was still there. Living standards, income level and labour
productivity of Poles still represent a fraction of what countries of Western Europe have
managed to achieve. The success of the transition and integration with the EU created
mechanisms that put us on a track of bridging the development gap between our country
and the leaders on the continent.
Economic changes in the first five years of membership

The crucial importance of Polands accession to the EU for the entire process of
reform and establishment of foundations for sustaining growth was soon confirmed by
the changes that were taking place during the first five years of membership. The key
change was a steep rise in the economic growth rate, accompanied by a clear reinforcement of the foundations of the countrys development (cf. statistics in Table 1). The
average GDP growth in the years 20042008 totalled 5.3% annually. As a result Polish
GDP grew by nearly 30% after the five years of membership in the EU. A more robust
economic growth, as compared against Western Europe, led to the GDP per capita growth from 43% of the rate recorded in the countries of the old EU in 2003 to nearly
51% in 2008.
531
532
Table 1. Rate and features of Polands economic growth, 20032008
GDP per capita (UE-15 = 100)**
2003
2008*
Change
in percentage
terms
43.0
50.7
7.7
Volume change, fixed prices, 2003 level equals 100

GDP
100.0
129.6
29.6
Individual consumption
100.0
124.2
24.2
Investments
100.0
165.2
65.2
Export***
100.0
179.4
79.4
import***
100.0
179.1
79.1
Relation to GDP in per cent

Public finance result
6.3
2.9
3.4
Current account balance
2.1
5.7
3.6
Investments
18.2
21.9
3.6
exports
33.2
40.2
7.0
imports
35.9
43.3
7.4
* Estimation
** Based on purchasing power parity of currencies
*** Based on national accounts
Source: CSO, Eurostat, NOBE, own calculations.
A rapid GDP growth was accompanied by a significant structural change that

rendered the development process sustainable. First, the EU membership significantly
improved Polands image as an attractive investment location. According to EBRD data,
incoming streams of foreign capital in annual terms grew from an average of EUR 6 bn
in the years 19992003 to over EUR 10bn in the years 20042008. The stream of foreign
investments was accompanied by improving Polands financial reliability score and its
promotion to the group of world leaders in terms of the most promising investment
locations as indicated by international groups. The volume of investments made by domestic companies also increased, and the rate of co-financing from the EU budget for
infrastructural projects was also gradually growing. In total, the investment outlays in
the years 20042008 increased by 65% (markedly more than GDP), thanks to which the
investment to GDP ratio grew from 18% in 2003 to 22% in 2008, and modernisation of
the country also accelerating substantially.
532
533
Second, the development was accompanied by a growth in competitiveness of

Polish economy and in the level of its integration into the global, and in particular
the European market. Both exports and imports grew by nearly 80% in 20042008,
and the relation of both to GDP increased by over 7 percentage points. This rapid growth of foreign investments and exports largely resulted from the relocation of some
production facilities, notably industrial production (e.g. automotive) from Western
Europe to Central and Eastern Europe. As a result of the EU membership, the region
started to be perceived as an completely safe location, and one that offers a huge competitive advantage over Western Europe due to relatively inexpensive labour. It should also be noted that although a marked growth in current account deficit (primarily
resulting from the growing trade deficit) accompanied a more robust inflow of capital
and GDP growth in the whole region, in Poland it did not reach a level that would
be dangerous, especially due to improved financial reliability of our country. This sets
the Poland of 20042008 apart from the Poland of late 90s as well as puts Poland at
a clear advantage over the majority of new EU member states, where the growth in
current account deficit exceeded the safety threshold (especially in the Baltic States,
Romania and Bulgaria).
Third, the growth was accompanied by significant changes in the labour market. Most importantly, unemployment, the major social ill and cost of Polish economic
transition, began to drop sharply. The drop in the unemployment rate resulted from
several factors, two of which are of key importance. Firstly, accelerating Polish economy
generated over a million new jobs in five years. Secondly, the gradual opening of Western Europes labour markets also opened up opportunities for Poles to work abroad.
Although unemployment did not vanish completely, its sharp drop meant that, in a short
period of time, the effects of Polands membership in the EU were experienced by nearly
all residents of our country (cf. data in Table 2).
Moreover, dwindling unemployment figures soon translated into rising living
standards. Average salaries in the years 20042008 rose by 34% which, with a moderate
inflation rate, gave an increase in real terms of over 17%. Mortgage and consumer loans
became cheaper, encouraging millions of Poles, feeling increasingly more comfortable
in the reality, to take a short cut to affluence. The number of registered passenger vehicles increased by over 4 million and hundreds of thousands families purchased their
own flats.
533
534
Table 2. Changes in Polish labour market, 2003-2008

2003
2008*
Change
in percentage points
Employment (thousands)
9 236
10 540
14.1
Unemployment rate (% of labour supply)
20.0
9.5
10.5
Nominal salary (PLN)
2 201
2 944
33.8
Consumer price index
100.0
114.0
14.0
Salary in real terms
100.0
119.1
17.3
Labour productivity (GDP per employee)
100.0
113.5
13.5
Unit labour cost
100.0
104.9
4.9
Index. 2003 level equals 100
* Estimation
Source: CSO. Eurostat. own calculations.
The growth in labour productivity (by 13.5%) did not manage to catch up with
the salary growth. As a result labour costs clearly increased in Poland. This, however,
did not have any negative consequences for the competitiveness of Polish exports, since labour productivity growth in export-oriented sectors of the economy (in particular
processing industry) was more robust than the average for the entire economy. Polish
currency quickly responded to the growing labour productivity. Between 2003 and 2008
the zloty appreciated significantly. Still in early 2004, one euro cost nearly 5 zlotys,
while in summer 2008 the exchange rate dropped to the record low of 3.20 zlotys per
euro. Systematic appreciation of the zloty was backed not only by the growing labour
productivity and the stream of billions of Euros in investments and EU transfers, but also
the improving condition of public finance, offering genuine hopes of speedy adoption of
the euro in Poland.
In short, the prevailing sentiment in the years 20042008 was that Polish economy finally got out of the woods. The primary transition period problems were solved,
and high investment attractiveness combined with unrestricted access to a big European
market, ensured by the EU membership, brought a swift and stable growth. Also, access
to generous EU funds enabled a significant acceleration of the infrastructure modernisation process, while the steadily appreciating currency facilitated investment-making
from the growing savings of Poles.
534
535
Global crisis and its impact on Polish economy

Regrettably, the economic success of the country and growing satisfaction of Poles
with the effects of EU membership, was put to a serious test over the last year. The cause
is the global financial crisis that exploded in September 2008 in the US, soon spilling over
also to Western Europe. In a short period of time, it partially paralysed the global financial system, capital markets plummeted and a global recession, the severest in decades,
began to hold sway, its full thrust yet unknown. To combat the crisis, governments of
the most affluent countries in the world were forced to employ radical methods, including nationalisation of financial institutions and employment of massive funds, also out
of taxpayers pockets, with the dominant opinion in the discussion on the reasons and
consequences of the crisis being that it demonstrates the need for fundamental changes
in economy and regulatory policy on a global scale. The present financial crisis also puts
a lot of question marks over the direction in which the globalising economy has been
heading in recent years. This applies not only to risky financial operations of banks, but
also the expansion of multinational corporations, foreign investments, and relocation of
production to countries where labour costs are lower. Inevitably, the crisis also challenged the readiness of European nations to continue integration processes under Union,
including the prevalence of the common European interest over national interests.
Thus far, the crisis has hit Poland via four routes. First, we are dealing with the
sudden drop in exports reported by numerous enterprises that are strongly dependent
on Western European markets. It is hardly surprising as, since Q4 2008, the majority of
EU countries have been in deep recession, while the rate of GDP drop reaches 13% in
Western Europe, and as much as 10% in Latvia.
The second aspect through which the global crisis impacts Poland is investments,
especially those by multinational corporations. When recession rules world markets, big
corporations are much less eager to invest. During the previous recession of 2001-2002,
the stream of foreign investments to Poland dropped by 50%. Consequently, fears are justified that the inflow of foreign investment may considerably shrink for a year or two.
The third source of impact of the financial crisis on Poland is unstable exchange
rates. Regrettably, we did not take advantage of the economic boom of 20042008 to
introduce the euro. The global crisis reached us with the zloty still being our currency, marked by vulnerability to strong fluctuations, the exchange rate of which large-
535
536
ly depends on changing moods of global investors. The zloty depreciated when other
currencies of the region did, but down to an even lower level than the Czech crown
or Hungarian forint. Irrespective of objective reasons being economic slowdown in all
emerging markets (notably Central Europe, previously considered as a safe haven, and
now seen as a region vulnerable to financial shocks), and more difficult access to capital,
speculation also came into play. Along with a strong depreciation of the zloty (loss of
nearly 30% of its value against the euro versus the peak of our currencys appreciation in
summer 2008), the debt of households, companies and state budget, incurred in foreign
currencies, markedly increased compared to their income (denominated in zlotys). This
put borrowers and banks alike in a difficult position, contributing to a further decline in
the countrys economy.
The fourth impact of the crisis on Polish economy has not yet revealed itself fully, but is nevertheless imminent. This is the unemployment growth, and the consequent
drop in Polish families purchasing power.
The effects of the global crisis may seriously undermine the already widely accepted opinion that Polands membership of the EU is an undisputable success. Over
a few months, the exchange rate of the zloty plunged to the level from before the accession. It is certain that, over the next months, unemployment rate will steeply grow, and
the production growth rate will shrink to zero. Paradoxically enough, the phenomena
named by experts as key benefits of the membership may today turn against Poland. For
instance, the relocation to Central and Eastern Europe of a major part of automotive production leads to a serious reduction in the regions economic activity, while the growth
in the export to GDP ratio, observed over the last five years, renders it more dependent
on changes in the economic situation in Western Europe than before. Also, the success
in attracting foreign capital renders countries of the region more exposed to dwindling
investor confidence, their cutting down on new investments and withdrawal of capital.
ill Poland manage the crisis better due to its EU

W
membership?
Is it the case that, as a result of EU membership, Poland will suffer more from
that crisis than it would was it not an EU member, or perhaps it will endure through the
crisis better on account of that?
536
537
In order to answer the question, we need to look at the current economic situation of Poland and risks that are very likely to emerge in the next few years. First of all,
however, we need to answer the question where Poland is now, what has been achieved
in the past and what weaknesses are still there, that may lead to problems.
First, we are a member of the EU and, against other countries of the continent,
we are a very attractive location for investments. The main reason for this state of the
affairs is a combination of high level of investment safety (above that offered by the
majority of developing countries) and low production costs (which cannot be offered by
most developed countries). This remains a constant irrespective of the current crisis. International corporations know that it makes more sense to build new European factories
in Poland and other Central and Eastern European countries than in Western Europe.
This does not help at present, however, as companies put on hold any investment decisions under the circumstances of the present, massive recession. However, the crisis is
bound to end at some point, and the investments will flow in again. It may be assumed
that the process of transfer to the new member states of some business operations from
the countries of the old Union will not only resume, but also accelerate in comparison
with the pre-crisis period, offering to Poland at least a decade of speedy development.
Second, membership of the EU is an important shield for Poland, to a certain
extent protecting us against shocks in the world economy. This role is performed by
development funds a massive amount of EUR 70 bn, assigned to our country under the
EU budget for the years 20072013 for investment in Polish infrastructure and human
resources development. The most optimistic forecasts for 2009 show the Polish GDP
growth rate at 12%. On the other hand, it may be estimated that EU transfers and infrastructural projects they co-fund, increasing versus the previous year, account for at least
1 to 1.5 per cent of GDP growth. Symbolic importance may be attached to the fact that,
according to the present estimates, it is the EU funds that may retain the positive growth rate in Poland. Public investments co-funded by the EU budget also translate into
thousands of new jobs for people otherwise threatened with unemployment. First and
foremost, however, better infrastructure is a chance for the improvement of long-term
development opportunities for Poland.
Third, EU membership gives greater financial stability to our country. The shockwaves through the global market are massive, and many countries are facing a real
threat of bankruptcy. The EU Countries are in a much better position than other states,
as they may count on emergency loans if under threat, not only from the International
537
538
Monetary Fund, but also European financial institutions, as well as united support from
the entire EU (if necessary, the EU collects in the market the capital necessary for states
in a crisis). This assistance was thus far used only by Hungary and Latvia. In the case of
our country, it has not been necessary so far to employ such extreme measures and there
are reasons to believe that they will not be necessary at all. However, the confidence
that Poland, if in need, may count on financial support of the EU, is an additional insurance policy for us. Even if we do not need to use it, it is nevertheless good that the
opportunity exists.
Fourth, the EU membership allows a greater level of coordination of economic
policy and cooperation on fighting the negative consequences of the crisis. An example
of such actions is facilitated access to European funds, designed to increase the number
of investments co-funded by the EU, and plans of increased lending by the European
Investment Bank. Depending on the course of the crisis, it may turn out that there are
many more similar areas of cooperation.
Fifth, membership of the EU protects against the most serious threat related to
the global crisis, that is protectionist measures used by our main trade partners. Protectionism, usually reviving in times of crisis, leads to a peculiar competition in limiting
access to each others internal market (of goods, labour, capital). If all players are erecting barriers and restricting access to their market, the country that tries to continue to
pursue a policy of openness and unrestricted exchange loses even more. It is therefore
a suicidal policy leading to a lose-lose situation, but at the same time one that subsequent
countries are dragged into by the behaviour of others. Luckily, it is more difficult to play
this game in the EU than anywhere else. Over fifty years of integration customs barriers
have been lifted and the single market emerged, where it is not possible to block imports
from other EU states, or offer aid to ones own producers to give them the competitive
edge. The common market of capital has also been established under which member
states are not allowed to persecute investors from other countries, or to support those
from their own state. Finally, we are part of the common labour market (all restrictions
in the last countries to lift them will disappear in 2 years) and it is not possible to hinder employment of citizens from other EU states. Certain threat posed by protectionist
tendencies still exists, because it is always possible to attempt to evade the law. As an EU
member, however, we are to a large degree protected against this risk.
We can obviously ask ourselves a question whether we fully took advantage of
the EU membership to cope with todays crisis better. By all means, many things could
538
539
have been done better. An example may be the euro, that could already replace the
national currency (as is the case in Slovakia) and cross out the exchange rate instability from the list of potential problems. Poland could also have been prepared better to
absorb EU funds, and public finance could be more resistant to economic fluctuations,
had deeper-reaching reforms been implemented during the period of fast development.
All the above notwithstanding, it should be argued that the years 20042008 reinforced
the foundations of Polands economic development, owing to which we are now able
manage the crisis better.
Summary
All these give valid reasons to believe that Poland will survive the crisis better
being in the EU that it would if it was outside. The present crisis is definitely a tribulation
for all countries, and strong economic and financial links between Poland and the global
and European economy render serious problems inevitable. Even if outside the Union,
we would have to face the same economic slowdown (although weights of individual
factors responsible for the decline would be different, as we would suffer less from the
decrease in exports and the inflow of foreign investments and be more struck by the drop
in domestic consumption and investments). Clearly, the unemployment rate would be
higher, similarly to the risk that financial turbulence sends the currency into a tailspin
and threat of bankruptcy emerges for the entire banking system (as is the case in Ukraine). In the case of serious problems, we could not count on potential assistance from the
EU, representing an extra insurance policy protecting us against the risk of financial
and economic collapse. Equally important is that we would have a good reason to fear
that the economic situation could aggravate even more due to protectionist activities
stifling our exports.
Economists and institutions that make forecasts on economic development share
a conviction that only 3 to 4 states stand a chance of averting the drop in GDP in 2009.
Poland is always mentioned as a country in the group. Against other European states,
our economic growth compares favourable although, obviously, the rate of growth in the
period is decreasing. Despite strong financial links with other countries, Polish economy
appears to be relatively well-prepared to manage the crisis, also thanks to a rather low
level of internal and external imbalance: both our current account deficit and budget
539
540
deficit are among the lowest in the new EU states, and the present depreciation of the
currency can be ascribed more to market panic and speculation than weakness of macroeconomic foundations of the country.
First and foremost, however, it should be remembered that the present crisis is
short-lived, while the key advantages of EU membership are realised in the longer run.
After the crisis, acute as it certainly will be, Poland will again enjoy high economic growth. Strong economic links with Western European markets may, in the short term, lead
to the growth being even more sluggish. Yet in the longer perspective of 3 to 5 years,
they contribute to accelerated development of the country and growth in its residents
income.
540
542
References
Expert studies commissioned for the report
Anio W., Spoeczestwo polskie w latach 20042009. Postmodernizacyjne znaczenie czonkostwa Polski
w UE (wybrane aspekty spoeczne) [Polish society in 20042009. The post-modernisation importance of Polands membership in the EU (selected social aspects)], Warsaw 2008.
Domaski, Zakrzewski, Palinka, Raport z bada nad funkcjonowaniem polskiego systemu oceny
skutkw regulacji analizowanego pod wzgldem speniania kryteriw prawidowej Impact
Assessment wypracowanych Unii Europejskiej (The study report on the operation of Polish
impact assessment system analysed against the compliance with the criteria of the appropriate Impact Assessment established in the European Union), Warsaw 2009.
Ernst & Young Business Advisory Sp. z o.o. i Wsplnicy sp. k., Analiza korzyci projektw infrastrukturalnych realizowanych w Polsce ze rodkw UE (The analysis of benefits of infrastructural projects financed by the UE implemented in Poland), Warsaw 2008.
Ernst & Young Business Advisory Sp. z o.o. i Wsplnicy sp. k., Wpyw czonkostwa Polski w UE na
polski system podatkowy i konkurencyjno podatkow Polski (The influence of Polands membership in the EU on Polish tax regime and tax competitiveness in Poland), Warsaw 2008.
Grela M., Pi lat czonkostwa Polski w Unii Europejskiej ceny i inflacja (Five years of Polands
membership in the European Union- prices and inflation), Warsaw 2009.
Grzelak A., Bilans kosztw i korzyci piciu lat czonkostwa Polski w UE Bezpieczestwo wewntrzne i
przystpienie do Schengen (The summary of costs and benefits after five years of Polands membership in the EU Internal security and accession to the Schengen zone), Warsaw 2008.
The Gdask Institute for Market Economics, Wpyw czonkostwa Polski w Unii Europejskiej na sektor MSP (The influence of Polands membership in the European Union on the SME sector),
Warsaw 2008.
Jagielska M., Ochrona konsumenta w Polsce 5 lat czonkostwa. Analiza stanu prawnego (Consumer
protection in Poland 5 years of membership. The analysis of the legal status), Warsaw
2008.
542
543
References
Kaczmarczyk P., Wpyw czonkostwa Polski w Unii Europejskiej na procesy migracyjne i rynek pracy
(The influence of Polands membership in the European Union on migration processes and
the job market), Warsaw 2008.
Kozierkiewicz A., Rynek wewntrzny a ochrona zdrowia (Internal market and health protection),
Warsaw 2008.
Ksiek J., Analiza wykorzystania rodkw z funduszy europejskich na realizacj przedsiwzi z zakresu ochrony rodowiska (The analysis of the utilization of EU finds on the implementation
of environmental protection projects), Warsaw 2008.
Kukier K., Polska w ONZ trendy i zmiany w kontekcie piciu lat czonkostwa w UE (Poland in
the UN trends and changes in the context of five years of Polands membership in the EU),
Warsaw 2008.
Kuzebski E., Wpyw czonkostwa Polski w Unii Europejskiej na sektor rybowstwa (The influence of
Polands membership in the UE on the fisheries sector), Warsaw 2008.
Mach B.W., Bilans czonkostwa w ocenach wybranych grup spoecznych (The pros and cons of membership in the opinion of selected social groups), The Institute of Political Studies of the
Polish Academy of Sciences, Warsaw 2008.
Marciniec B., Integracja Polski z UE jako milowy krok w innowacyjn przyszo (Polands integration with the EU as a milestone on the road to innovative future), Warsaw 2008.
Maziska-Szumska M., Winiewski J.C., Bilans kosztw i korzyci piciu lat czonkostwa Polski
wUE Edukacja (The summary of costs and benefits of five years of Polands membership
in the EU Education), Warsaw 2008.
Orowski W.M., Czy poza Uni atwiej byoby znie kryzys?, (Would it be easier to endure through
the crisis outside the EU?), Warsaw 2009.
Peczyska-Nacz K., Polityka wschodnia UE i rola Polski w jej ksztatowaniu po rozszerzeniu
2004 r. (EUs eastern policy and the Polish role in its shaping after the 2004 enlargement),
Warsaw 2008.
Sanetra-Szeliga J., Etmanowicz A., Bilans kosztw i korzyci piciu lat czonkostwa Polski w UE
Kultura, Polityka Audiowizualna i Turystyka Kulturalna (The summary of costs and benefits of five years of Polands membership in the EU the Culture, Audiovisual Policy and
Cultural Tourism), Warsaw 2008.
wieboda P., Polska polityka europejska w latach 20042009. Priorytety, interesy, strategiczne wybory i sposb realizacji (Polands European policy 20042009. Priorities, interests, strategic choices and their implementation strategies), expert study commissioned by the Office
of the Committee for European Integration, Warsaw 2008.
Urban R.J., Wpyw czonkostwa Polski w Unii Europejskiej na przetwrstwo rolno-spoywcze w Polsce (The influence of Polands membership in the European Union on the processing of
agricultural products and foodstuffs in Poland), Warsaw 2008.
543
544
References
Wygnaski J.J., Dynamika aktywnoci obywatelskiej (The dynamic of civil activity), Warsaw 2008.
Zagrajek P., Korzyci i straty dla polskiego sektora transportu lotniczego wynikajce z przystpienia
Polski do Unii Europejskiej (The benefits and losses of Polands accession to the European
Union for the Polish air transport sector), Warsaw 2008.
onowski A., Wpyw czonkostwa Polski w UE na bezporednie inwestycje zagraniczne w Polsce
(The influence of Polands membership in the EU on foreign direct investment in Poland),
Warsaw 2009.
onowski A., Wpyw czonkostwa Polski w Unii Europejskiej na podstawowe zmienne makroekonomiczne efekty unijne oraz kanay dyfuzji (The influence of Polands membership in the EU
on basic macroeconomic variables EU effects and diffusion channels), Warsaw 2009.
Books
Ambroziak A.A., Funkcjonowanie specjalnych stref ekonomicznych w Polsce w obliczu zmian warunkw udzielania pomocy regionalnej (The operation of special economic zones in Poland
in the light of changes to the conditions of granting regional assistance), [in:]Gospodarka
Polski w Unii Europejskiej w latach 20042006 (Polands economy in the European Union
20042006), H. Bk, G. Wojtkowska-odej (eds.), Warsaw 2007.
Banasiski C., Ewolucja ustawodawstwa antymonopolowego w Polsce (The evolution of anti-trust legislation in Poland), [in:] Ochrona konkurencji ikonsumentw w Polsce i Unii Europejskiej(
The protection of competitiveness and consumers in Poland and in the European Union),
C.Banasiski (ed.), the Office of Competition and Consumer Protection, 2005.
Banat M., Paasz U., Polska w Unii Europejskiej (Poland in the European Union), The Yearbook of
Polish Foreign Policy 2006, the Polish Institute of International Affairs, Warsaw 2006.
Banat-Adamiuk M., Aktywno Polski w Unii Europejskiej (Polands activity in the European Union),
The Yearbook of Polish Foreign Policy 2007, the Polish Institute of International Affairs, Warsaw 2007.
Barcz J., Kawecka-Wyrzykowska E., Michaowska-Gorywoda K., Integracja Europejska (The European integration), Warsaw 2007.
Bieliski J., Bober M., Sarzalska M., Zawistowski J., Aktywne polityki na elastycznym rynku pracy
(Active policies in the flexible job market), [in:] Zatrudnienie w Polsce 2007. Bezpieczestwo
na elastycznym rynku pracy (Employment in Poland in 2007. Security in the flexible job market), M. Bukowski (ed.), Warsaw 2007.
Ciechanek A., Czy P., Klimczak T., Kowalczyk A., Pylak K., Poziom absorpcji przez mae i rednie
przedsibiorstwa rodkw w ramach sektorowego programu operacyjnego wzrost konkurencyjnoci przedsibiorstw, lata 20042006 (The level of absorption of financing under the Sec-
544
545
References
toral Operational Programme The increase of competitiveness of enterprises, 2004-2006 by

small and medium enterprises, Warsaw 2007.
Czapiski J., Panek T. (eds.), Diagnoza spoeczna 2007. Warunki i jako ycia Polakw (The social
diagnosis of 2007. The conditions and the standard of living of Poles), Warsaw 2007.
Dutkowski M., Typologia polskich regionw(The typology of Polish regions), [in:] J. Szomburg (ed.),
Polityka regionalna pastwa pord uwika instytucjonalno-regulacyjnych (State regional
policy viewed from the perspective of institutional and regulatory relations), The Gdask
Institute for Market Economics, Gdask 2001.
Dzun W., Jzwiak W., Gospodarstwa rolne w Polsce przed i po wejciu do UE (Agricultural farms
in Poland before and after the EU accession), [in:] Dzi i jutro gospodarstw rolnych w krajach Centralnej i Wschodniej Europy (Today and tomorrow of agricultural farms in the countries of Central and Eastern Europe), T. Czekaj, Z. Mirkowska, J. Sobierajewska, (eds.),
the Institute of Agricultural and Food Economics, Warsaw 2008.
Fihel A., Kaczmarczyk P., Mackiewicz P., Oklski M., Poland a country study, [in:] Labour
mobility within the EU in the context of enlargement and the functioning of the transitional
arrangements, H. Bruecker (ed.), Warsaw 2009.
Gajewski J., Polityka Polski wobec regionu rodkowoeuropejskiego (Polands policy towards the
region of Central Europe , The Yearbook of Polish Foreign Policy 2005, the Diplomatic
Academy of the Ministry of Foreign Affairs, Warsaw 2005.
Goetz K.H., Zubek R., Stanowienie prawa w Polsce. Reguy legislacyjne a jako ustawodawstwa
(Law-making in Poland. legislative rules and the quality of legislation), The Efficient State,
an Ernst&Young Programme, Warsaw 2005.
Gontarz J. (red.), Dobre praktyki SPO RZL, Projekty nakierowane na doskonalenie umiejtnoci pracownikw i menederw firm, dofinansowane w ramach Sektorowego Programu Operacyjnego Rozwj Zasobw Ludzkich, lata 20042006 (Good practices of SOP HRD, The projects
focused on the development of abilities of companiesmanagers and employees, co-financed
from the Sectoral Operational Programme Human Resources Development), Polish Agency
for Enterprise Development, Warsaw 2008.
Gorzelak G., Olechnicka A., Innowacyjny potencja polskich regionw (Innovative potential of Polish regions), [in:] Wiedza a wzrost gospodarczy (Knowledge and economic growth), L. Zienkowski (ed.), Wydawnictwo Naukowe Scholar, Warsaw 2003.
Haliak E. (ed.), Globalizacja a stosunki midzynarodowe (Globalization and international relations), Oficyna Wydawnicza Branta, Bydgoszcz 2004.
Hryszko K., Kuzebski E., Seremak-Bulge J., Rozwj rynku rybnego i zmiany jego funkcjonowania
wlatach 19902007 (The development of the fisheries market and the changes in its operation in 19902007), the Institute of Agricultural and Food Economics, Warsaw 2008.
545
546
References
Hykawy R., Jatczak M., Winiewski J. (eds.), Cztery lata czonkostwa Polski w Unii Europejskiej.
Bilans kosztw i korzyci spoeczno-gospodarczych (Four years of Polands membership in
the European Union. The summary of costs and socio-economic benefits), Warsaw 2008.
Jaboska D., Wpyw funduszy strukturalnych na rozwj polskich firm (prezentacja) (The influence of structural funds on the development of Polish companies (a presentation)), Polish
Agency for Enterprise Development, Warsaw 2009.
Jesie L. Polityka Polski w Unii Europejskiej (Polands policy in the European Union), The Yearbook of Polish Foreign Policy, Polish Institute of International Affairs, 2008.
Jurkowlaniec Z. (ed.), Korzyci i koszty czonkostwa Polski w Unii Europejskiej (The costs and benefits
of Polands membership in the European Union), Natolin European Centre, Warsaw 2003.
Kaczmarczyk P. (ed.), Wspczesne migracje zagraniczne Polakw. Aspekty lokalne i regionalne
(Polish migration abroad at present. Local and regional aspects), the Centre for European
Migration Research, Warsaw 2008.
Kdzior J., Dowiadczenia we wdraaniu dyrektyw podatkowych (The experiences in the implementation of tax directives), [in:] Koordynacja czy harmonizacja przyszo podatkw w UE
(Co-ordination or harmonization the future of taxation in the EU), BB 2008, Polish Lisbon
Strategy Forum, Gdask 2008.
Krzyanowska Z., Analiza skutkw Agendy 2000 na rynku mleka w Polsce (The analysis of Agenda
2000 impact on the milk market in Poland), FAPA, Warsaw 2000.
Kupiecki R., Gwne aspekty polityki bezpieczestwa Polski (The main aspects of security policy in
Poland), The Yearbook of Polish Foreign Policy Polish Institute of International Affairs, 2006.
Kurpas S., Grn C., Kaczyski P.M., The European Commission after Enlargement: Does More Add
Up to Less?, Special Report, Centre for European Policy Studies, Brussels, February 2008.
Litwiski J., Dziaalno polskich portw lotniczych w 2006 r. (The activity of Polish airports in
2006), Scientific, Economic and Technical Information Centre, Civil Aviation Authority
Litwiski J., Linie lotnicze wiata w 2007 r.(Airlines of the world in 2007), Scientific, Economic and
Technology Information Centre, Civil Aviation Office.
Madej M., Polityka bezpieczestwa Polski (wymiar polityczno-wojskowy) (Polands security policy
(the political and military aspect)), The Yearbook of Polish Foreign Policy Polish Institute of International Affairs, 2008.
Naurin D., Wallace H. (eds.), Unveiling the Council of the European Union. Games Governments
Play in Brussels, London 2008.
Orowski W.M., Propozycja metodologii oceny skutkw regulacji z 2001 r. (A proposal for the methodology of impact assessment of 2001 regulation), [in:] Ocena skutkw regulacji poradnik OSR, dowiadczenia, perspektywy (A guide to IA experiences and perspectives),
W.Springer, W. Rogowski (eds.), Warsaw 2007.
546
547
References
Otto J., Stanisawski R., Maciaszczyk A. (red.), Innowacyjno jako czynnik podnoszenia konkurencyjnoci przedsibiorstw i regionw na jednolitym rynku europejskim (Innovation as a factor enhancing competitiveness of enterprises and regions in the single European market), d 2007.
Pietras J., Przyszo budetu UE. W poszukiwaniu spjnoci celw, polityk i finansw unijnych (The
future of the EU budget. Striving to build cohesion of objectives, policies and the EU financing), Warsaw 2008.
Pietra M. (ed.), Oblicza procesw globalizacji (Facets of globalization processes), Wyd. UMCS,
Lublin 2002.
Rokicki B., Teoria ekonomii a zaoenia i realizacja dziaa prowadzonych w ramach polityki spjnoci Unii Europejskiej. Proponowane kierunki przyszych reform (Theoretical economics verus the objectives and the implementation of plans under the cohesion policy of the European
Union. Proposals for future reforms), [in:] Przyszo polityki spjnoci a przegld budetu
Unii Europejskiej w latach 20082009. Materia do dyskusji (The future of the cohesion policy and the review of the EU budget in 20082009. Materials for discussion), J. Ryba (ed.),
Warsaw 2006.
Rychowski B., Globalizacja jej istota i kierunki rozwoju (Globalization - its essence and development directions), [in:] Prawo, instytucje i polityka w procesie globalizacji (Law, institutions
and policy in the globalization process), E. Haliak, R. Kuniar (eds.), Warsaw 2003.
Siemaszko A., Europejska Przestrze Badawcza szanse i zagroenia dla Polski (The European Research Area opportunities and threats for Poland), [in:] Zielona Ksiga PFSL. Polska wobec redefinicji Strategii Lizboskiej (The Green Book of the Polish Lisbon Strategy Forum,
Poland and the redefinition of the Lisbon Strategy), WarsawGdask 2005.
Skotnicka-Illasiewicz E. (ed.), Spoeczny bilans korzyci i kosztw czonkostwa (The social summary
of costs and benefits of the membership), Warsaw 2003.
Sosnowska A., obejko S., Mae i rednie polskie przedsibiorstwa w warunkach konkurencji: pozytywy i trudnoci w rozwoju (Polish small and medium enterprises facing competition growth
- opportunities and problems), Polish Agency for Enterprise Development, Warsaw 2006.
Szeptycki A., Stosunki Polski z Ukrain (Polands relations with Ukraine), The Yearbook of Polish
Foreign Policy 2006, Polish Institute of International Affairs, Warsaw 2006.
Szpunar M., Polski system prawny w perspektywie czonkostwa w UE straty i korzyci (Polish legal
system in the perspective of the EU membership gains and losses), [in:] Korzyci i koszty
czonkostwa Polski w Unii Europejskiej. Raport z bada (Benefits and costs of Polands membership in the European Union. A study report), Natolin European Centre, Warsaw 2003.
Tokarski S., Mayhew A., Impact Assessment and European Integration Policy, Sussex European
Institute, Warsaw 2000.
Wegrich K., The Administrative Burden Reduction Policy Boom In Europe. Accelerated policy learning, blind copying or bureaucratic politics?
547
548
References
Wieruszewska M. (red.), Tu i tam. Migracje z polskich wsi za granic (Here and there. Migrations
from Polish rural areas abroad), the Institute of Agricultural and Rural Development of
the Polish Academy of Sciences, Warsaw 2007.
Wiewirowski W.R., System Informacyjny Schengen i System Informacji Wizowej (The Schengen Information System and the Visa Information System), Law and Administration Department
of Gdask University 2007 (version of December 21st, 2007).
Zielonka J., Europa jako imperium. Nowe spojrzenie na Uni Europejsk (Europe as an empire. Anew
look at the European Union), Polish Institute of International Affairs, Warsaw 2007.
Zikowski M., Polityka bezpieczestwa Polski (Polands security policy), The Yearbook of Polish
Foreign Policy Polish Institute of International Affairs, 2007.
Zubek R., Analiza polskie praktyki oceny skutkw regulacji w latach 20012005 (The analysis of
Polish practices of impact assessment 20012005), [in:] Ocena skutkw regulacji poradnik OSR, dowiadczenia, perspektywy (A guide to the impact assessment experiences and
perspectives), W. Springer, W. Rogowski, (eds.) Warsaw 2007.
Zubek R., Ocena skutkw regulacji jako instrument poprawy jakoci prawa. Analiza polskich dowiadcze na tle najlepszych praktyk midzynarodowych (The impact assessment as a tool
for the improvement of law quality. The analysis of Polish experiences against the best international practices), Warsaw 2004.
Press releases
Almost 70 000 Poles to return home within a year, survey shows, The Irish Independent, 8December 2008.
Anusz J., Bank wiatowy ocenia gospodarki (The World Bank evaluates the economies), Rzeczpospolita, 11 September 2008.
A 75% polskich firm nie korzysta z prawnikw (As many as 75% of Polish companies do not resort
to legal advice), an opinion poll by Gazeta Prawna, Wolters Kluwer and PBS DGA,
Gazeta Prawna, 25 March 2008.
Bartman K., Trzy pytania do Andrzeja Bliklego. Z maych firm rzd musi zdj rozbudowan sprawozdawczo (Three questions to Andrzej Blikle. The government has to free small companies from the obligation of detailed reporting), Gazeta Prawna, 3 February 2009.
Barysch K., Enlargement two years on: Economic success or political failure?, Centre for European
Reform, Briefing paper for the Confederation of Danish Industries and the Central Organization of Industrial Employees in Denmark, April 2006.
Better Regulation a European success story, Press Release, Brussels, 28 January 2009.
548
549
References
Biedrzycki J., Kozak M., Stan obecny i przyszo elektroenergetyki w UE wnioski dla Polski (The
present and future condition of electricity sector in the EU conclusions for Poland), Biuletyn URE 2003, no. 6.
Bielecki J., Bdziemy bogaci jak Niemcy w 2063 roku (We will become as rich as the Germans in
2063), Dziennik, 18 December 2008.
Biekowska: Na kryzys fundusze (funds to combat crisis), Polish Press Agency, 29 December 2008.
Burak A., LOT i British Airways trac pasaerw (LOT and British Airways lose passengers), Rzeczpospolita, 28 January 2006.
Cheer up, The Economist, 11 May 2006.
Ciemna strona internetowego biznesu (The dark side of e-business), Rzeczpospolita, 11 February 2006.
Cielak-Wrblewska A., Coraz mniejsze wydatki na innowacyjno (Outlays on innovation keep
getting lower), Rzeczpospolita, 11 March 2008.
Czy niemieckie kasy chorych prbuj nacign NFZ? (Do German health boards try to scrounge
money out of Polish National Health Fund?) Dziennik Zachodni, 9 October 2006.
Dangerfield M., The Visegrad Group in the Expanded European Union: From Pre-accession to Postaccesion Cooperation, East European Politics and societies, vol. 22, No 3.
Dlaczego Polki wci nie rodz po ludzku (Why Polish women still cannot deliver in human conditions), Dziennik, 25 September 2008.
Dobroczyska A., Pierwszy rok stosowania Dyrektyw 2003/54/WE i 2003/55/WE w ocenie Komisji
(The Commissions assessment of the first year of implementation of the Directive 2003/54/
EC and 2003/55/EC), Biuletyn URE no. 1.
Done K., No-frills airlines had little impact on growth, Financial Times, November 2006.
Done K., Polish low-cost airline set to expand into UK and Irish markets, Financial Times, 8 December 2005.
Dwa miliony ludzi bez pracy? Moe by gorzej (Two million of unemployed? It could be worse.),
Dziennik, 3 February 2009.
Dzwo na 112. Znajd ci (Dial 112. They will find you), Gazeta Wyborcza, 4 June 2008.
Elektrownia Turw SA: Czarny trjkt staje si zielony (Turw S.A. Power Plant: The black triangle becomes green), Rzeczpospolita 2000, no. 86 (5556), a commercial supplement: The
energy 22nd Heat, Power, Gas.
Fedak: Bezrobocie moe wzrosn o dwa procent (Unemployment may increase by two per cent),
Gazeta Prawna, 8 January 2009.
Firmy transportowe trac dziennie 2 mln z na granicy (Transport companies lose 2 million PLN
aday on border crossings), Gazeta Prawna, downloaded on: 15 October 2008.
Flights in Europe surge to all-time high in 2007 and forecast to grow steadily in 2008, Press release
Eurocontrol, January 2008.
Flying lessons, The Economist, 19 July 2008.
549
550
References
Free movement of workers is good for Europes economy, Europa RAPID, Press release, 18 November 2008.
Gawrychowski M., 40mld z dotacji mniej przez siln polsk walut (PLN 40 billion less in grants
due to the strong Polish currency), Gazeta Prawna, no. 154, 7 August 2008.
Gomzar B., Ksi na kociach (The bone prince), NIE 2006, no. 25.
Gospodarowicz M., Koodziejczyk D., Wasilewski A., Uwarunkowania rozwoju maych i rednich
przedsibiorstw na obszarach wiejskich (The conditions for the development of small and
medium enterprises in rural areas), the Institute of Agricultural and Food Economics, State Research Institute, no. 92, Warsaw 2008.
Grzyb R., Firmy transportowe trac dziennie 2 mln z na granicy (Transport companies lose 2 million
PLN a day on border crossings), Gazeta Prawna, 9 April 2008.
Hryszko K., Rynek Ryb, Rynek Ryb. Stan i Perspektywy (The Fisheries Market, The Fisheries
Market- present condition and perspectives, 2008, no. 5.
Janiszewska Z., Odbiorca w centrum uwagi (nie)oczekiwana zamiana miejsc (The receiver in the
limelight the (un)expected change of focus), Biuletyn URE 2008, no. 6.
Janiszewska Z., Zmie sprzedawc energii (Change your energy supplier), Nowy Przemys, November 2005.
Jankowak J., Co dalej z kursem zotego? (What is going to happen with the PLN rate?), Rzeczpospolita, 29 December 2008, http://www.rp.pl.
Juchniewicz L., Regulacja polskiej energetyki (The regulation of Polish energy sector), Biuletyn
URE, 1999, no. 6.
Kanada zniosa nam wiz, ale tylko dla wybranych (Canada got rid of visas, but only for the chosen
ones), Dziennik, http://www.dziennik.pl, downloaded on 5 January 2009.
Kapuciski R., Wywiad (The interview), Gazeta Wyborcza, 2425 June 2006.
Kumoch J., Pensje Polakw podzielia przepa (The yawning gap between Polish salaries), Dziennik, 22 October 2008.
Kwiecie M., Strategia urynkowienia gazownictwa trzy lata pniej (The strategy for the market
facilitation of the gas sector- three years later), http://www.ure.gov.pl.
Largesse while it lasts, The Economist, 29 May 2008.
Lekarze zarabiaj nawet 30 tysicy (The doctors earn even 30 thousand), Dziennik, 12 August 2008.
Liczba Polakw kupujcych w sieci przez rok wzrosa o milion (The number of Poles buying online
has grown by one million in one year), Rzeczpospolita, 14 March 2008.
Mandelson hits strikers with xenophobia jibe, The Times, 3 February 2009.
Mapa drogowa uwolnienia cen dla wszystkich odbiorcw energii elektrycznej (A road map to the
release of electricity prices for all receivers), Biuletyn URE 2008, no. 2.
Marciniak B., Zamierzenia i realia cz. II. (Intentions and the reality, part 2.), Wiadomoci Rybackie 2008, no. 910.
550
551
References
Markowski M., MEN: Eurosieroctwo? Taki sam problem maj dzieci marynarzy (Polish Ministry of
Education: European orphanhood? Sailors children face the same problem), Gazeta Wyborcza, 6 November 2008.
Mczyzna wybudzi si ze piczki po 19 latach (A man wakes from coma after 19 years), Gazeta
Wyborcza, 1 June 2007.
Miliony euro zmieniaj lsk (Millions of euros are changing Silesia), Gazeta Wyborcza Katowice, 1 May 2007.
Nach Polen hinberschlendern, Frankfurter Allgemeine Zeitung, http://www.faz.net.
Negocjacje staj si coraz bardziej elastyczne (Negotiations become more and more flexible), Rzeczpospolita, 5 September 2008.
Otto P., Loty do Anglii zdroej o 30 proc. (Ticket prices of flights to England will increase by 30 per
cent) , Gazeta Prawa, 29 September 2008.
Pacjent nie bdzie musia mie zgody NFZ na zabieg za granic (A patient will not require the permission
of National Health Service in order to be treated abroad) , Gazeta Prawna, 15 July 2008.
Pawlak J., Rynek maszyn rolniczych (Agricultural machinery market), [in:] Rynek rodkw produkcji
i usug dla rolnictwa (The market of production means and services to agriculture) the Institute of Agricultural and Food Economics, Warsaw, September 2008.
Po wejciu Polski do Schengen wzrosa skuteczno ochrony granic (The effectiveness of border protection increased after Polands entry into the Schengen area), Rzeczpospolita, http://
www.rp.pl, downloaded on 11 December 2008.
Poles go back but the Brits pay the price, Daily News, 13 January 2009.
Polki rodz u Niemcw; Niemcy chc pienidzy od polskiego NFZ (Polish women deliver in German
hospitals, the Germans demand compensation from Polish National Health Service), Gazeta
Wyborcza, 9 November 2007.
Poowa Polakw uwaa okres po 1989 r. za najlepszy w XX wieku (Over 50% of Poles think that the
period after 1989 was the best in the 20th century), Polish Press Agency, 5 November 2008.
Ponad poowa Polakw uwaa wejcie do strefy Schengen za korzystne (Over 50% of Poles consider
the entry into the Schengen area beneficial), EuroPAP, 18 December 2008.
Populist defeated In a Swiss EU labour poll, Euractiv, 9 February 2009.
Prawie 100-proc. wykorzystanie funduszy strukturalnych 20042006 w Polsce (Structural funds in
Poland in 20042006 have been used up in nearly 100%), www.ukie.gov.pl.
Rajski odpoczynek pod unijn kontrol (Paradisiac rest under the EU control), Rzeczpospolita,
5January 2008.
Raport MSWiA: po wejciu Polski do Schengen wzrost skutecznoci ochrony granic (The report by
the Ministry of Interior and Administration: the increase in the effectiveness of border protection after Polands entry into Schengen), EuroPAP, 14 December 2008.
551
552
References
Sanderski A., Seklecki P. Stan obecny i przyszo sektora gazowego w UE wnioski dla Polski (Present and future condition of the gas sector in the EU conclusions for Poland), Biuletyn
URE, 2003, no. 6.
Second Thoughts, The Economist, 26 August 2006.
Seremak-Bulge J., Byo le i nie bdzie lepiej (It has been bad and it wont be better), postalspozywczy.pl, 12 January 2009.
Starter-Smith Ch., Ryanair cuts 11 routes to Poland, Daily Telegraph, February 2009.
Szkoda, e wyjedaj, ale emigracja to jest take pozytywne zjawisko (Its a pity they are leaving,
but emigration is also a positive phenomenon,) (the minutes of the debate The Wall Street
Journal Polska and TP), Dziennik, 6 November 2007.
Tallberg J., Bargaining Power in the European Council, Journal of Common Market Studies 2008,
Volume 46, Number 3.
They come over here and fix our teeth: foreign workers help to ease dentist crisis, The Independent, August 24, 2006.
Tides turn as Poles end great migration, The Times, 16 February 2008.
Truszczyski J., Wyniki negocjacji akcesyjnych w obszarach energii i ochrony rodowiska (The results
of accession negotiations in the areas of energy and environmental protection), Rzeczpospolita 2003, no. 60 (6440), a commercial supplement Environmental protection 16th.
Trzeciak M., Projektowane regulacje prawne zagroeniem dla ochrony przyrody (Draft regulations
threaten environmental protection), Przyroda Polska 2005, no. 2.
Turystyka zdrowotna kwitnie (Health tourism flourishes), Dziennik Polski, 19 June 2007.
Umowy last minute nie ograniczaj praw turystw (Last minute contracts do not restrict tourists
rights), Gazeta Prawna, 26 May 2008.
Unia wspiera polskie szpitale (The European Union supports Polish hospitals), Gazeta Prawna,
8April 2008.
Unijny program Bezpieczny Internet rusza od nowego roku (An EU programme Safe Internet
starts next year), EuroPAP, 11 December 2008.
UOKIK: Informacje o 53 niebezpiecznych produktach w Rapex (The Office of Competition and Consumer Protection: information on 53 dangerous products in Rapex), Puls Biznesu, 8 May
2008.
W ligach ulowych sportowcy bez ogranicze (No restrictions for sportsmen in speedway leagues),
http://www.sport.pl.
W Schengen nam bezpieczniej (We feel safer in Schengen), Rzeczpospolita, http://www.rp.pl, 5January 2009.
W szpitalach niepewno (Insecurity in hospitals), Rzeczpospolita, 27 December 2007.
Wicej medykamentw na licie lekw refundowanych (More drugs on the list of reimbursed drugs),
Polska The Times, 17 June 2008.
552
553
References
Wirus ptasiej grypy ju w Polsce (The virus of avian flu has appeared in Poland), Gazeta Wyborcza, 6 March 2006.
Walewska D., Polska i Chiny: dwie wyspy, a wok kryzys (Poland an China: two islands surrounded by the crisis), Rzeczpospolita, 16 January 2009.
Woniak A., Inwestycje w strefach bd o poow mniejsze (Investment in the zones will decrease by
half), Rzeczpospolita, 9 January 2009.
Otto P., Loty do Anglii zdroej o 30 proc. (Ticket prices of flights to England will increase by 30 per
cent), Gazeta Prawa, 29 September 2008.
Resort nauki zapowiada zmiany na politechnikach (The department of education announces changes
at universities of technology) , Gazeta Prawna, 27 October 2008.
Starter-Smith Ch., Ryanair cuts 11 routes to Poland, Daily Telegraph, February 2009.
wieak P., Europejska Polityka Ssiedztwa. Bilans funkcjonowania na przykadzie Ukrainy (European Neighbourhood Policy. The review of the pros and cons of the policy on the example of
Ukraine), Bezpieczestwo Narodowe 2007, no. 34.
The ideal international summit is a dinner party with a waiting list, The Economist, 5 June
2008, http://www.economist.com.
Legal acts
European Commission Decision no. C(2004)248 of 5 February 2004 on the management and monitoring of the Schengen Facility, amended by the decision C(2006)684 and the decision
C(2007)494.
Decision no. 574/2007/EC of the European Parliament and of the Council of 23 May 2007 establishing
the External Borders Fund for the period 2007 to 2013 as part of the general programme Solidarity and Management of Migration Flows (Official Journal of the EU 2007 L 144/22).
Council Directive 90/377/EEC of 29 June 1990 establishing a community procedure to improve
the transparency of gas and electricity prices charged to industrial end-users.
Council Directive 98/93/EC of 14 December 1998 amending the Directive 68/414/EEC imposing
an obligation on Member States of the EEC to maintain minimum stocks of crude oil and/
or petroleum products.
Directive 2001/18/EC of the European Parliament and of the Council of 12 March 2001 on
the deliberate release into the environment of genetically modified organisms and
repealing Council Directive 90/220/EEC (Official Journal of the EU 2001 L 106/1 as
amended).
Council Directive 2002/53/EC of 13 June 2002 on the common catalogue of varieties of agricultural plant species (Official Journal of the EU 2002 L 193/1 as amended).
553
554
References
Directive 2003/8/EC of 27 January 2003 to improve access to justice in cross-border disputes by

establishing minimum common rules relating to legal aid for such disputes (Official Journal of the EU 2003 L 26/41).
Directive 2003/54/EC of the European Parliament and of the Council of 26 June 2003 concerning
common rules for the internal market in electricity.
Directive 2003/55/EC of the European Parliament and of the Council of 26 June 2003 concerning
common rules for the internal market in natural gas.
Council Directive 2003/96/EC of 27 October 2003 restructuring the Community framework for
the taxation of energy products and electricity.
Council Directive 2004/67/EC of 26 April 2004 concerning measures to safeguard security of
natural gas supply.
European Electronic Communications Regulation and Markets 2005 (11th report) [SEC(2006)193].
Health & Consumers Voice, Newsletter on food safety, health and consumer policy.
from the European Commissions Health and Consumer Protection DG, January 2007.
European Commission, Communication from the Commission to the Council and the European Parliament. Better Regulation for Growth and Jobs in the European Union, COM (2005) 97.
European Commission, The report on the progress of Member States in the notification of national
measures implementing directives in 2004-2009.
European Commission, The report on the progress in the transposition of Internal Market directives
(Internal Market Scoreboard) in 2004-2009.
European Commission, Rural Development in the European Union- Statistical and economic information. Report 2008, Brussels, December 2008.
European Commission, The results of free circulation of workers in the context of the UE enlargement (from 1 January 2007 to 30 December 2008) and the transitional provisions set out in
the Accession Treaty of 2007 and in accordance with the requirements of transitional provisions set out in the Accession Treaty of 2003., Brussels 2008.
Communication from the Commission to the Council and to the European Parliament, The perspectives for the internal electricity and gas market [SEC(2006) 1709] [SEC(2007) 12].
Communication from the Commission to the Council, to the European Parliament and to the
European Economic and Social Committee, Consumer policy strategy for 20022006,
COM(2002) 208.
Communication from the Commission to the Council and to the European Parliament and to the
European Economic and Social Committee, EU Consumer policy strategy for 20072013,
COM(2007) 99.
Communication from the Commission, A Europe of results- applying community law, COM
(2007) 502, 5 September 2007.
European Commission, Communication from the Commission, A renewed EU tourism policy:
554
555
References
Towards a stronger partnership in European tourism, COM(2006) 134, Brussels, 17 March 2006.
European Commission, Communication from the Commission on the European Competitiveness Report 2008, COM(2008) 774 the final version, Brussels, 28 November 2008.
European Commission, Five years of an enlarged EU-achievements and economic challenges
COM(2009) 79 the final version, Brussels, 20 February 2009.
The regulations of the Sejm of the Republic of Poland (M.P. of 2002 no. 23, item. 398, chapter 5a).
Resolution of the Council of 16 November 2007 on a European Agenda for Culture (Official Journal of the EU 2007 C 287/1).
Council Regulation (EC) no. 44/2001 of 22 December 2000 on the jurisdiction and the recognition
and enforcement of judgement in civil and commercial matters (Official Journal of the
EU 2001 L 12/1 as amended), replaced by the Regulation (EC) no.593/2008 of the European Parliament and of the Council of 17 June 2008 on the law applicable to contractual
obligations, the so called. Rome I (Official Journal of the EU 2008 L 177/6).
Council Regulation (EC) no. 343/2003 of 18 February 2003 establishing the criteria and mechanisms for determining the Member State responsible for examining an asylum application lodged in one of the Member States by a third-country national, the so-called
Dublin II (Official Journal of the EU 2003 L 50/1) (amended by Official Journal of the
EU 2008 L 304/80).
Council Regulation (EC) no. 812/2004 of 26 April 2004 laying down measures concerning incidental catches of cetaceans in fisheries and amending Regulation (EC) no. 88/98 (Official
Journal of the EU 2004 L 150/12 as amended).
Regulation (EC) no. 1931/2006 of 20 December 2006 on low border traffic (Official Journal of the
EU 2006 L 405/1).
Regulation (EC) no. 864/2007 of the European Parliament and the Council of 11 July 2007 on the
law applicable to non-contractual obligations, the so-called. Rome II (Official Journal of
the EU 2007 L 199/40).
The report from the Commission to the Council and the European Parliament. The progress in
the creation of the internal natural gas and electricity market [SEC(2008) 460].
The report from the Commission to the Council and the European Parliament on the operation
of the Early Warning and Response System (EWRS) within the general network for the
epidemiological surveillance and control of communicable diseases in 20042005 (Decision no. 2000/57/EC), COM(2007) 121.
The report from the Commission on the monitoring of application of Community law in 2007,
COM (2008) 777 of 18 November 2008.
The strategy for the utilization of financing from the Cohesion Fund in 20042006, an annex to
the Regulation by the Minister for the Economy and Labour of 30 July 2004 (Polish Journal of Laws no. 176, item. 1827).
555
556
References
The sixth Council directive 77/388/EEC of 17 May 1977 on the harmonization of laws of the
Member States relating to turnover taxes Common value added tax: uniform basis of
assessment (Official Journal of the EU 1977 L 145/1 as amended) (repealed by the Council
directive 2006/112/EC of 28 November 2006 on the common system of value added tax
(Official Journal of the EU 2006 L 347/1 as amended).
The resolution by the Council of Ministers no. 233 of 29 December 2006 on The national waste
management plan for 2010 (M.P. no. 90, item 946).
The Energy Law of 10 April 1997 (Polish Journal of Laws no. 54, item 348 as amended).
The Seeding Law of 26 June 2003 (Polish Journal of Laws no. 41, item. 271 as amended).
The Law of 22 January 2004 on the organization of the fisheries market and financial assistance in
fisheries management (Polish Journal of Laws no. 34, item. 291 as amended).
The Law of 11 March 2004 on the services and goods tax (Polish Journal of Laws of 2004 r. no. 54,
item 535 as amended).
The Law of 11 March 2004 on the co-operation between the Council of Ministers and the Sejm
and Senate in the issues related to Polands membership in the EU (Polish Journal of
Laws 52, item 515 as amended).
The Law of 20 April 2004 r. amending and repealing some Laws in relation to the membership of the
Republic of Poland in the European Union (Polish Journal of Laws no. 96, item 959).
The Law of 8 October 2004 on the principles of financing science (Polish Journal of Laws no. 238,
item 2390).
The Law of 29 July 2005 on selected forms of support for innovative activity (Polish Journal of
Laws no. 179, item 1484).
The Law of 23 June 2006 on the amendment of certain Laws in relation to the membership of the
The Law of 25 August 2006 on bio components and liquid bio fuels (Polish Journal of Laws no.
169, item. 1199, as amended).
The Law of 16 February 2007 on the stock of crude oil, petroleum products and natural gas and
acting guidelines in the situation of threat to fuel security of the country and difficulties
on the petroleum market (Polish Journal of Laws no. 52, item 343).
The Law of 24 August 2007 on the amendment of certain Laws in relation to the membership of the
The Law of 4 March 2008 on the National Capital Fund (Polish Journal of Laws no. 57, item 491).
Recommendation of the European Commission of 12 July 2004 on the transposition into national
law of directives affecting the internal market, SEC(2004) 918.
556
557
References
Source documents and materials

Aktualizacja programu realizacji polityki wacicielskiej Ministra Skarbu Pastwa w odniesieniu do
sektora elektroenergetycznego(The update to the implementation scheme of the ownership
policy by the Minister of State Treasury in the electricity sector), Warsaw, 7 June 2005.
Aktualizacja programu wprowadzania konkurencyjnego rynku energii elektrycznej w Polsce (The
update to the introduction scheme of the competitive electricity market in Poland , Warsaw,
28 January 2003.
Analiza aplikacji wzornictwa przemysowego w polskich przedsibiorstwach (The analysis of industrial design application in Polish enterprises), a report prepared by the Institute of Industrial Design for the Ministry of Economy, Warsaw, December 2007.
Analiza rynku transportu lotniczego w Polsce w latach 20042006 (The analysis of air transport
market in Poland in 20042006), Civil Aviation Office, September 2008.
Analiza wpywu wsparcia udzielonego w ramach Dziaania 3.4. Zintegrowanego Programu Operacyjnego Rozwoju Regionalnego 20042006 na wzrost konkurencyjnoci mikroprzedsibiorstw (The study the impact of assistance under Measure 3.4 of the Integrated Regional
Operational Programme 20042006 on the increase of micro-enterprise competitiveness),
Resource, Pozna 2007
The answer to the interpellation no. 1834 of 29 April 2008, http://www.sejm.gov.pl, October 2008.
The answer to the interpellation no. 2332 of 20 May 2008 on border traffic between Poland and Ukraine after Polands accession to the Schengen area, http://www.sejm.gov.pl, January 2009.
The answer to the interpellation no. 350 of 28 January 2008, http://www.sejm.gov.pl, 15 January
2009.
Atrakcyjno inwestycyjna Europy 2007 (The investment attractiveness of Europe 2007), a report
prepared by Ernst & Young, July 2007.
Badanie stanu przygotowania firm do dziaania na Jednolitym Rynku CAPE 2004 (The study of the
preparation of enterprises to operation in the Single market), Polish Chamber of Commerce, Warsaw 2004.
Baltic Development Forum, State of the Region Report, 2008.
Bartoszewicz W., Skalska T., Zagraniczna turystyka przyjazdowa do Polski w 2007 roku (Foreign
tourism coming to Poland in 2007), The Institute of Tourism, Warsaw 2008.
Barysch K., Enlargement two years on: economic success or political failure?, Centre for European
Reform, April 2006.
Berbeka K., Analiza ekonomiczna Batyckiego Planu Dziaa (The economic analysis of the Baltic
Sea Action Plan), Krakw 2008.
BG Bank, Makrotrendy (Macrotrends), no. 2(36), 2008.
557
558
References
Bilans korzyci i kosztw przystpienia Polski do Unii Europejskiej (The balance of benefits and costs
of Polands accession to the European Union), the Office of the Committee for European
Integration, Warsaw 2003.
Biuletyn Informacji Publicznej Miasta Krakowa, Partnerstwo Inicjatyw Nowohuckich Nowa Huta
Nowa Szansa, budowa partnerstwa na rzecz rozwoju zainicjowana przez Dom Kultury
im. C.K. Norwida w Krakowie temat D, IW EQUAL (Public Information Bulletin of the
City of Krakw, the Partnership of Nowa Huta Initiatives: Nowa Huta a New Chance,
apartnership for the development created upon the initiative of the Krakw Community Centre- subject D, Community EQUAL Initiative) , http://www.bip.krakow.pl.
Bochiska B., Design dla wszystkich i na co dzie wysoka jako ycia mieszkacw i zrwnowaony rozwj w regionie Morza Batyckiego dziki stosowaniu wspczesnego wzornictwa (The
everyday design for everybody how to guarantee high standard of living for the inhabitants
and sustainable development in the Baltic Sea region thanks to the use of contemporary
design), a study prepared by the Institute of Industrial Design for the Office of the Committee for European Integration, October 2008.
Budnik K., Search Equilibrium with Migration; the Case of Poland, Working Paper No. 44, National Bank of Poland, 2008.
The EU budget 2008 http://eurlex.europa.eu.
The EU budget 2009, http://eur-lex.europa.eu.
Budet Unii Europejskiej (The European Union budget), the Office of the Committee for European
Integration, Warsaw 2008.
Bukalska P., Nowa Grupa Wyszehradzka w nowej Unii Europejskiej-szanse i moliwoci rozwoju
(The New Visegrad Group in the new European Union opportunities for development),
Punkt widzenia, May 2003, the Centre for Eastern Studies, http://osw.waw.pl.
Byrt A.,Winiewski J., Perspektywy pogbienia wymiaru spoecznego integracji europejskiej wwietle
bada opinii publicznej (The prospects for the development of the social aspect of the European
integration in the light of public opinion polls), Biuletyn Analiz UKIE (The Studies Bulletin of the Office of the Committee for European Integration), no.17, February 2007.
Central Statistical Office, Gospodarka mieszkaniowa w 2007 r.(Housing economy in 2007), Warsaw
2008, http://www.stat.gov.pl.
Central Statistical Office, Informacja o rozmiarach i kierunkach emigracji z Polski w latach 20042007
(Report on the scope and directions of emigration from Poland in 20042007), Warsaw 2008.
Central Statistical Office, Informacja o sytuacji gospodarczo-spoecznej kraju rok 2008 (Report on
the socio-economic situation of Poland in 2008, Warsaw 2009.
Central Statistical Office, May rocznik statystyczny Polski 2008 (Concise statistical yearbook of
the Republic of Poland 2008), Warsaw 2008.
558
559
References
Central Statistical Office, Notatka informacyjna Wyniki bada GUS Ochrona rodowiska 2008 (Informative note: The results of studies by the Central Statistical Office in the area of the Environmental Protection in 2008), material for the press conference of 23 December 2008.
Central Statistical Office, Ochrona rodowiska 2005 (Environmental protection in 2005), Warsaw 2005.
Central Statistical Office, Informacja o sytuacji spoeczno-gospodarczej kraju. Rok 2008 (The report
on the socio-economic situation in Poland in the year 2008), 2008.
Central Statistical Office, Zatrudnienie i wynagrodzenia w gospodarce narodowej w IIII kwartale
2008 r. (The employment and remuneration in the national economy between the 1st and 3rd
quarter of 2008), December 2008.
The Centre for Migration Studies of Warsaw University, The Migration Bulletin, February 2006.
The Centre for Social and Economic Analyses, Polska gospodarka tendencje, oceny, prognozy
(Polish economy trends, evaluations, forecasts), Warsaw 2006.
Chief Environmental Protection Inspectorate, Informacja w sprawie ustalenia przez Inspekcj
Ochrony rodowiska stanu uregulowania formalnoprawnego w zakresie posiadania pozwole zintegrowanych przez prowadzcych instalacje podlegajce temu obowizkowi (wg stanu
na dzie 31 grudnia 2007 r.) (Report on the determination of the legal status of integrated
permits for persons in charge of installations who are under the obligation to obtain such
permits by the Environmental Protection Inspectorate), Warsaw 2008.
Civil Aviation Office, Analiza rynku transportu lotniczego w Polsce w latach 20042006 (The analysis of Polish air transport market in 2004- 2006), September 2008.
The Co-operation Fund Foundation, Program Inicjatywy Wsplnotowej Equal (Community Equal
Initiative), www.equal.org.pl, 2009.
The Council of Ministers, Raport w sprawie korzyci i kosztw integracji RP z UE (The report on the
benefits and costs of the integration of the Republic of Poland with the EU), 26 July 2000.
Czarny E., ledziewska K., Polski handel wewntrzgaziowy z Uni Europejsk na pocztku XXI w.
(Polish intra-industry trade with the European Union at the beginning of the 21st century),
March 2008.
Czy mona promowa Polsk przez wzornictwo? (Is it possible to promote Poland through its design?), a conference, Warsaw 2006.
Czyewski A.B. at al., Regionalne zrnicowanie kapitau ludzkiego w Polsce (Regional diversification of human capital in Poland), Studia i Prace ZBSE, fascicle 277, Central Statistical
Office, Warsaw 2001.
Department for Business, Enterprise and Regulatory Reform, Regulation and Business Advice.
Department of Work and Pensions, The impact of free movement of workers from Central and
Eastern Europe on the UK labour market, London 2006.
559
560
References
DG ECFIN, Interim Forecast, January 2009, http://ec.europa.eu.

Dowiadczenia spoeczne dwch lat czonkostwa Polski w Unii Europejskiej (Social experiences of
two years of Polands membership in the European Union), E. Skotnicka-Illasiewicz (ed.),
the Office of the Committee for European Integration, Warsaw 2007.
Drodzikowska M., Schengen z perspektywy polskich dowiadcze (Schengen from the perspective
of Polish experiences), [in:] Polska w strefie Schengen refleksje po pierwszym roku czonkostwa (Poland in the Schengen zone thoughts after the first year of membership), a report
by the Ministry of Interior and Administration, Warsaw 2008.
Dziaalno gospodarcza przedsibiorstw o liczbie pracujcych do 9 osb (lata 19992006) (Economic activity of enterprises with up to 9 employees (years 19992006)), Central Statistical
Office, Warsaw 2007.
Dziaalno gospodarcza przedsibiorstw o liczbie pracujcych do 9 osb w 2007 r. (Economic activity
of enterprises with up to 9 employees in 2007), Central Statistical Office, Warsaw 2008.
Dziaalno innowacyjna przedsibiorstw przemysowych w latach 20052007(Innovative economic
activity of industrial enterprises in 20052007), Central Statistical Office, 2008.
Dziaalno przedsibiorstw niefinansowych w 2007 r. (The activity of non-financial enterprises),
ECORYS Polska, National Report on the Impact of the Socrates Programme in Poland, Final Version, Warsaw, 13 November 2007.
EU Budget 2007 Financial Report, European Commission, 2008.
Eurobarometer, Attitudes of European citizens towards the environment, Results for Poland, 2008.
European Central Bank, EU banking structure, October 2008.
European Central Bank, The EU economy following the accession of the new member states, Monthly Bulletin, May 2004.
European Commission, DG ECFIN, Five years of an enlarged EU, Economic achievements and
challenges, European Economy 1/2009.
European Commission, Communication from the Commission to the Council and the European Parliament. Better Regulation for Growth and Jobs in the European Union, COM (2005) 97.
European Commission, the DG Budget, http://eur-lex.europa.eu, January 2009.
European Commission, Directorate General for Social Communication, Prawa konsumenta Jak
Unia Europejska chroni interesy swoich obywateli (Consumer rights - how the European
Union protects the interests of its citizens), February 2007.
European Commission, Directorate General for Health and Consumer Protection, Ochrona konsumentw w Unii Europejskiej Dziesi podstawowych zasad (Consumer protection in the
European Union- ten basic principles), Brussels 2007.
European Innovation Scoreboard 2003, 2004, 2005, 2006, 2007, 2008.
European Police Office (Europol), Annual Report 2004.
560
561
References

Europejska Karta Maych Przedsibiorstw (The European Charter of Small Enterprises), the Office
for Official Publications of the European Union, Luxemburg 2004.
European Structural Fund, EQUAL, W jednej druynie (In one team), Warsaw, October 2007,
http://www.equal.org.pl.
Eurostat, EU27 real agricultural income per worker down by 4.3%, 18 December 2008.
Evaluating Integrated Impact Assessment, Improving the Practice of Impact Assessment, 6th Framework Programme, Project No. 028889, February 2008.
Fabrowska P., Mackiewicz M., Michorowska B., Wpyw czonkostwa Polski w UE na sektor
MSP(The influence of Polands membership in the EU on the SME sector), the Office of the
Committee for European Integration, Warsaw 2008
Five years of an enlarged EU. Economic achievements and challenges. European economy 1/2009
(provisional version), European Commission, Directorate-General for Economic and Financial Affairs, January 2009.
Frazer H., Marlier E., Tackling child poverty and promoting social inclusion of children in the EU,
CEPS/INSTEAD, September 2007.
The Foundation for the Development of Education System, 10 lat Erasmusa w Polsce 19982008
(10 years of Erasmus in Poland: 19982008). Warsaw 2008.
The Foundation for the Development of Education System, Modzie w dziaaniu. Raport 2007
(Youth in action. A 2007 report).
Global Perspectives, National Profiles Poland, 2009, IIC Partners, www.iicpartners.com.
Globalizacja gospodarki wybrane cechy procesu (The globalization of the economy- selected
aspects of the process), the Ministry of Economy (the Department of Studies and Forecasts), Warsaw, November 2007.
Guszczyski D., Rynkowe przeobraenia wsi (Market transformation of rural areas), Informational Bulletin, Agricultural Market Agency, no. 2 (200).
Gniazdowski M., Grupa Wyszehradzka a negocjacje Nowej Perpektywy Finansowej UE na lata
20072013 (The Visegrad Group and the negotiations on the New Financial Perspective of
the EU for 20072013), Bulletin no. 71 (316), Polish Institute of International Affairs, 6
October 2005.
Goetz K.H., Zubek R., Stanowienie prawa w Polsce. Reguy legislacyjne a jako ustawodawstwa
(Law-making in Poland. Legislative rules and the quality of legislation), The Efficient State,
an Ernst&Young Programme, Warsaw 2005.
Grodzka D., Zygierewicz A., Innowacyjno polskiej gospodarki (Innovativeness of Polish economy), BAS (the Office for the Sejm Analyses), Indos no. 6(30), March 2008.
561
562
References
Hagemann S., De Clerck-Sachsse J., Old Rules, New Game. Decision-Making in the Council of Minister after the 2004 Enlargement, Centre for European Policy Studies, Special Report,
March 2007.
Handel zagraniczny stycze-grudzie 2005 (Foreign trade between January and December 2005),
Central Statistical Office, Warsaw 2006, http://www.mg.gov.pl.
Hebda A., Hofman P., Przygotowanie organw administracji publicznej do wsppracy z Systemem
Informacyjnym Schengen budowa Polskiego Komponentu SIS (The preparation of state
administration bodies to the co-operation under the Schengen Information System the creation of the Polish SIS Component), [in:] Polska w strefie Schengen refleksje po pierwszym
roku czonkostwa(Poland in the Schengen zone reflections after the first year of membership), areport by the Ministry of the Interior and the Administration, Warsaw 2008.
Hunya G., How to assess the impact of FDI on an economy, OECD, 27 June 2007.
Iglicka K., Unijny wymiar bezpieczestwa z perspektywy migracji midzynarodowych i dylematw
wielokulturowoci (Security in the European Union viewed from the perspective of international migration and multiculturalism dilemmas), Centrum Stosunkw Midzynarodowych. Raporty i analizy 2004, no. 7.
Igras J. (ed.), Ocena stanu zanieczyszczenia pytkich wd gruntowych, naraonych bezporednio na
zrzuty skadnikw biogennych, w tym szczeglnie z rolnictwa oraz moliwoci potencjalnego
wpywu zanieczyszcze pochodzcych z produkcji rolnej na rodowisko (The assessment of
the pollution of shallow ground waters which are directly exposed to the releases of biogenic
components, especially those of agricultural origin and the assessment of the potential impact of pollution from the agricultural production on the environment), a study prepared for
the Minister of Agriculture and Rural Development, Puawy 2008.
Informacja dla Sejmu i Senatu o udziale Rzeczypospolitej Polskiej w pracach Unii Europejskiej
wokresie lipiecgrudzie 2005 roku (podczas prezydencji brytyjskiej), przygotowana w realizacji art. 3 ustawy z dnia 11 marca 2004 roku o wsppracy Rady Ministrw z Sejmem
i Senatem w sprawach zwizanych z czonkostwem Rzeczypospolitej Polskiej w Unii Europejskiej (The report for the Sejm and the Senate on the participation of the Republic of
Poland in the work of the European Union between July-December 2005 (during the British
presidency), prepared in compliance with the article 3 of the Law of 11 March 2004 on the
co-operation between the Council of Ministers, the Sejm and the Senate in matters related
to Polands membership in the European Union) , a document adopted by the Council of
Ministers on 31 January 2006.
Informacja dla Sejmu i Senatu o udziale Rzeczypospolitej Polskiej w pracach Unii Europejskiej wokresie lipiecgrudzie 2007 roku (podczas prezydencji portugalskiej) przygotowana wrealizacji
art. 3 ustawy z dnia 11 marca 2004 roku o wsppracy Rady Ministrw z Sejmem iSenatem
w sprawach zwizanych z czonkostwem Rzeczypospolitej Polskiej w Unii Europejskiej (The
562
563
References
report for the Sejm and the Senate on the participation of the Republic of Poland in the work of
the European Union between July- December 2007 (during the Portuguese presidency), prepared in compliance with the article 3 of the Law of 11 March 2004 on the co-operation between
the Council of Ministers, the Sejm and the Senate in matters related to Polands membership in
the European Union), a document adopted by the Council of Ministers on 5 February 2008.
Informacja dla Sejmu i Senatu o udziale Rzeczypospolitej Polskiej w pracach Unii Europejskiej w
okresie lipiec grudzie 2008 roku (podczas prezydencji francuskiej) przygotowana w realizacji art. 3 ustawy z dnia 11 marca 2004 roku o wsppracy Rady Ministrw z Sejmem i Senatem w sprawach zwizanych z czonkostwem Rzeczypospolitej Polskiej w Unii Europejskiej
(The report for the Sejm and the Senate on the participation of the Republic of Poland in the
work of the European Union between July December 2008 (during the French presidency),
prepared in compliance with the article 3 of the Law of 11 March 2004 on the co-operation
between the Council of Ministers, the Sejm and the Senate in matters related to Polands
membership in the European Union), a document adopted by the European Committee of
the Council of Ministers on 20 January 2009.
Informacja dotyczca dziaa Departamentu Polityki Handlowej z zakresu unijnej polityki handlowej
oraz istotnych dla Polski decyzji podejmowanych w tym zakresie na forum UE, po akcesji do
UE (The report on the activities of the Commercial Policy Department in the area of Community commercial policy and on related decisions adopted in the EU which are important
for Poland), an unpublished study by the Ministry of Economy (the Commercial Policy
Department), 8 January 2009.
Informacja miesiczna na temat stanu realizacji Sektorowego Programu Operacyjnego Wzrost konkurencyjnoci przedsibiorstw, lata 20042006 (Monthly report on the implementation of the Sectoral Operational Programme The improvement of the competitiveness of enterprises in 20042006), as at 31 January 2008 r., the Ministry of Regional Development, Warsaw 2008.
Informacja na temat bilansu kosztw i korzyci zwizanych z czonkostwem Polski w Unii Europejskiej od 1 maja 2004 r. do 1 maja 2006 r. w obszarach edukacji i nauki (The report on the
balance of costs and benefits related to Polands membership in the European Union in the
period between 1st May 2004 and 1st May 2006 in the areas of education and science), the
Ministry of Science and Higher Education, Warsaw 2006.
Informacja na temat udziau Polski w 7. Programie Ramowym Wsplnoty Europejskiej w dziedzinie
bada, rozwoju technologicznego i demonstracji (dane za lata 20072008 (The report on
Polands participation in the 7th Framework Programme of the European Community for
Research, Technological Development and Demonstration), the Ministry of Science and
Higher Education, Warsaw 2008.
Informacja rzdu na temat polskiej polityki zagranicznej w 2004 roku przedstawiona przez ministra
spraw zagranicznych Wodzimierza Cimoszewicza na posiedzeniu Sejmu w dniu 21 stycznia
563
564
References
2004 r. (Government report on Polish foreign policy in 2004 as presented by the Minister of
Foreign Affairs Wodzimierz Cimoszewicz at the Sejm session of 21 January 2004), Polish
Foreign Policy Yearbook 2005, the Diplomatic Academy of the Ministry of Foreign Affairs, Warsaw 2005.
Informacja rzdu na temat polskiej polityki zagranicznej w 2005 roku przedstawiona przez ministra
spraw zagranicznych Adama Daniela Rotfelda na posiedzeniu Sejmu w dniu 21 stycznia
2005 r. (Government report on Polish foreign policy in 2005 as presented by the Minister of
Foreign Affairs Adam Daniel Rotfeld at the Sejm session of 21 January 2005), Polish Foreign Policy Yearbook 2006, Polish Institute of International Affairs, Warsaw 2006.
Informacje o polskim i europejskim rynku ZP w 2009, 2008, 2007, 2006, 2005, 2004 r.(Report on Polish and European Public Procurement market in 2009, 2008, 2007, 2006, 2005 and 2004),
Public Procurement Office, Warsaw 2004, 2005, 2006, 2007, 2008, 2009.
Informacja o wynikach kontroli funkcjonowania systemu tworzenia obowizkowych zapasw paliw
w Polsce w latach 19982002 i jego modyfikacji (Report on the results of control of the system for the creation of obligatory fuel stocks in Poland in 19982002 and its modification),
Warsaw, January 2004.
The Institute of Tourism, Charakterystyka przyjazdw do Polski w 2007 roku (The description of
tourism coming to Poland in 2007) , http://www.intur.com.pl.
The Institute of Tourism, Krajowy Ruch Turystyczny (Internal tourist movement), http://www.intur.com.pl/ruch.htm.
The Institute of Tourism, Zagranicznie wyjazdy polskich turystw wedug odwiedzanych krajw
(Foreign trips of Polish tourists by country) http://www.intur.com.pl/wyjazdy.htm.
The Institute of Tourism, Przyjazdy do Polski w roku 19992007 (Visits to Poland in 19992007),
http://www.intur.com.pl.
Jaboska D., Finansowanie przedsiwzi innowacyjnych ze rodkw pomocowych UE (Financing
innovative projects from the EU aid funds), Warsaw, November 2008.
Jurkowlaniec Z. (ed.), Korzyci i koszty czonkostwa Polski w Unii Europejskiej (The benefits and
costs of Polands membership in the European Union) , a study report, Warsaw, April 2003.
Kalinowski T. (ed.), Delokalizacja w rozszerzonej Unii Europejskiej. Perspektywa wybranych pastw
UE. Wnioski dla Polski (Relocation in the enlarged European Union. The perspective of the
selected EU Member States. Conclusions for Poland), the Office of the Committee for European Integration, the Department of Studies and Strategies, Warsaw 2006.
Kauyska M., Jakiej strategii potrzebuje region Morza Batyckiego? (What strategy does the Baltic
Sea Region need?, Biuletyn Analiz UKIE, no. 19, Warsaw 2008.
Kawecka-Wyrzykowska E., Evolving pattern of intra-industry trade specialization of the new Member States (NMS) of the EU: role of foreign direct investments the case of automotive industry, a conference: 5 years of enlargement, a positive sum game, Brussels, November 2008.
564
565
References
Kamierczak J., Innowacyjno: uwarunkowania i perspektywy w warunkach polskich (Innovativeness:

conditions and perspectives in Polish reality), the Chair of Basic Technical Systems, the Department of Organization and Management of the Silesia University of Technology, 2008.
Key figures on European business with a special feature on the factors of business success, EC 2008.
Kierunki zwikszania innowacyjnoci gospodarki na lata 20072013 (Ways of increasing innovativeness of economy in the years 20072013), the Ministry of Economy, Warsaw, August 2006.
Kierzekowski R., The challenge of rapidly improving transport infrastructure in Poland, OECD
Economics Department Working Papers No. 640, 29. September 2008.
Komornicki T., Wpyw czonkostwa Polski w UE na rozwj infrastruktury transportowej w Polsce
aktualizacja i rozwinicie ekspertyzy dot. 4 lat czonkostwa Polski w UE (The influence of
Polands membership in the EU on the development of transport infrastructure update and
elaboration on the expert study on 4 years of Polands membership in the EU), expert study
commissioned by the Office of the Committee for European Integration, December 2008.
Korzyci i koszty czonkostwa Polski w Unii Europejskiej (The benefits and costs of Polands membership in the European Union), Natolin European Centre, Warsaw 2003.
Krajowy Program Reform na lata 20052008 (The National Reform Programme for the years 20052008).
Krajowy Program Reform na lata 20082011 rzecz realizacji Strategii Lizboskiej (The National
Reform Programme for the years 20082011 under the Lisbon Strategy Agenda).
Krystek S., Dziaania w zakresie budowy, wymiany i modernizacji urzdze elektrowni dla pokrycia zapotrzebowania na energi elektryczn i ciepo oraz realizacja wytycznych UE w zakresie ochrony
rodowiska (The activities in the area of construction, replacement and modernization of electric
plant equipment in order to meet the electricity and heat demand and assure compliance with EU
guidelines on environmental protection), conference materials of the Economic Chamber of
Energy and Environmental Protection, 28 November 2005 http://www.igeos.pl.
Kutin B., Consumer protection in an enlarged Europe, Consumer Policy Review, 9/10. 2005, Vol.
15, No 5.
Kwieciski J. (ed.), Zdefiniowanie pojcia delokalizacji oraz okrelenie sposobw badania projektw
pod ktem eliminowania przypadkw delokalizacji, ze szczeglnym uwzgldnieniem projektw realizowanych w ramach dziaania 4.5 Wsparcie inwestycji o duym znaczeniu dla gospodarki w Programie Operacyjnym Innowacyjna Gospodarka (Defining relocation and the
ways of reviewing projects so that relocation cases could be eliminated: this applies especially to the projects realized under Measure 4.5: The support for investment of high importance
for the economy under the Operational Programme Innovative Economy) , expert study
prepared for the Ministry of Regional Development by the European Entrepreneurship
Centre, Warsaw, May 2008.
Low-Cost Carrier Market Update, Eurocontrol, June 2007.
565
566
References
Majewski E., Znaczenie patnoci bezporednich dla maych gospodarstw w Polsce (The importance
of direct payments for small agricultural holdings in Poland), a presentation under a seminar The importance and future of small agricultural holdings in Poland in Poland and in
the EU, the Ministry of Agriculture and Rural Development, January 2008.
Makarova S., Haremza W., Ocena inflacji bazowej dla roku 2004 (The assessment of the base inflation in 2004), the Gdask Institute of Market Economics, 2004.
Mandelkern Group on Better Regulation, Final Report, 13 November 2001.
Migracje pracownikw szansa czy zagroenie? Badania edycja 2008 r (Workers migration an
opportunity or a threat? Studies- the 2008 edition), a report by KPMG, Warsaw 2008.
The Ministry of National Education, Rezultaty projektw finansowanych z udziaem rodkw
Unii Europejskiej wdraanych przez Ministerstwo Edukacji Narodowej w latach 2005
2008 (The results of projects co-financed from the European Union funds implemented by the
Moiniatry of National Education in 2005- 2008).
The Ministry of Economy, Polska 2008 raport o stanie handlu zagranicznego (Poland 2008 - a
report on the condition of foreign trade), Warsaw 2008.
The Ministry of Economy, Labour and Social Policy, Polska Narodowy Plan Rozwoju na lata
20042006. Strategia wykorzystania Funduszu Spjnoci (Poland- National Development
Plan for the years 2004- 2006. The strategy for the utilization of financing under the Cohesion Fund), Warsaw, December 2003.
The Ministry of Economy, Program reformy regulacji (The regulation reform scheme), June 2006 r.
The Ministry of Economy, Wpyw na polsk gospodark wejcia do strefy Schengen (The impact of
the entry into the Schengen zone on Polish economy), 24 December 2008.
The Ministry of Culture and National Heritage, the Department of Culture and National Heritage,
Culture Contact Point, Kultura 2000. Album projektw zrealizowanych z udziaem Polski
w latach 20012006 (Culture 2000. The portfolio of projects with the active participation of
Poland implemented in 20012006).
The Ministry of Culture and National Heritage, Moliwo finansowania kultury z funduszy europejskich w latach 20072013 (The possibility to finance culture from the EU funds in 20072013), http://www.mkidn.gov.pl.
The Ministry of Culture and National Heritage, Pienidze dla kultury (Money for the culture),
http://www.mkidn.gov.pl.
The Ministry of Labour and Social Policy, Informacja w sprawie zatrudnienia obywateli polskich
wpastwach Europejskiego Obszaru Gospodarczego i Szwajcarii oraz obywateli pastw EOG
w Polsce (Report on the employment of Polish citizens in the countries of the European Economic Area and in Switzerland and the employment of EEA citizens in Poland, November 2008.
The Ministry of Labour and Social Policy, Krajowy Plan Dziaa na rzecz Zatrudnienia na lata
20092011 (National Action Plan for Employment in 20092011), Warsaw 2008.
566
567
References
The Ministry of Labour and Social Policy, Krajowy plan dziaa na rzecz zatrudnienia na lata
20092011 National Action Plan for Employment in 20092011), Warsaw 2009.
The Ministry of Regional Development, Fundusze unijne wspieraj rozwj turystyki (The EU funds
support the development of tourism), http://www.mrr.gov.pl.
The Ministry of Regional Development, Ocena postpw Polski w konwergencji z krajami UE oraz
wpyw funduszy unijnych na gospodark w latach 20042007 (The evaluation of Polands
progress in the convergence with the EU countries and the impact of the EU funds on the
economy in 20042007), Warsaw 2008.
The Ministry of Regional Development, Oddziaywanie funduszy strukturalnych i Funduszu Spjnoci
na gospodark Polski w okresie 2004 I poowa 2007 (The influence of the structural fund and
the Cohesion Funds on Polish economy in 2004- 1st half of 2007), Warsaw, February 2008.
The Ministry of Regional Development, Program Operacyjny Infrastruktura i rodowisko. Narodowe Strategiczne Ramy Odniesienia 20072013. Wersja zaakceptowana przez Komisj Europejsk 5 grudnia 2007 r. (The Operational Programme Infrastructure and the Environment.
National Strategic Reference Framework 20072013. The version approved by the European
Commission on 5 December 2007).
The Ministry of Regional Development, Program Operacyjny Rozwj Polski Wschodniej 2007
2013. Narodowe Strategiczne Ramy Odniesienia 20072013 (The Operational Programme
The Development of Eastern Poland. National Strategic Reference Framework 2007- 2013,
Warsaw, 2 October 2007.
The Ministry of Regional Development, Raport kocowy z badania na temat Wpyw interwencji z
funduszy strukturalnych UE na zatrudnienie(The final report on the study of The influence
of intervention in the form of EU structural funds on employment), Warsaw 2007.
The Ministry of Regional Development, Sektorowy Program Operacyjny Transport na lata 2004
2006. Wersja z dnia 21 maja 2007 r. (Sectoral Operational Programme Transport for the
years 20042006. The version of 21 May 2007).
The Ministry of Regional Development, Wykorzystanie rodkw z funduszy strukturalnych i funduszy spjnoci w ramach Narodowego Planu Rozwoju 20042006 oraz Narodowych Strategicznych Ram Odniesienia 20072013 (The utilization of financing from structural funds
and cohesion funds under the National Development Plan 20042006 and National Strategic
Reference Framework 20072013, Warsaw 2008.
The Ministry of Regional Development, ZPORR 20042006 projekty dla rozwoju regionw (The
IROP 2004- 2006, the projects aimed at the development of the regions), Warsaw 2006.
The Ministry of Sport and Tourism, the Department of Tourism, Raport o stanie gospodarki turystycznej w latach 20042006 (A report on the condition of tourism management in 20042006), Warsaw, July 2008.
567
568
References
The Ministry of Sport and Tourism, Miejsce turystyki w gospodarce narodowej Polski w latach
20042007 (The place of tourism in Polands national economy in 2004- 2007), http://dms.
msport.gov.pl.
The Ministry of Sport and Tourism, Sport w UE (Sport in the EU), http://msport.gov.pl.
The Ministry of Interior and Administration, Polska w strefie Schengen refleksje w pierwszym
roku czonkostwa (Poland in the Schengen zone- thoughts after the first year of membership),
Warsaw 2008.
The Ministry of the Environment, Baza Projektw Funduszu Spjnoci (The Database of Cohesion
Fund Projects), http://www.ekoportal.pl.
The Ministry of the Environment, Finansowanie ochrony rodowiska z funduszy europejskich w
Polsce w latach 20042006 (Financing environmental protection from the EU funds in Poland in 2004- 2006), http://www.ekoportal.pl.
The Ministry of the Environment, Program wdraania dla Dyrektywy Rady 1996/61/WE w sprawie
zintegrowanego zapobiegania i ograniczania zanieczyszcze (The Programme for the implementation of the Council Directive 1996/61/EC concerning the integrated prevention and
reduction of pollution), Warsaw 2001.
The Ministry of the Environment, Sprawozdanie z realizacji krajowego planu gospodarki odpadami za okres od dnia 30 padziernika 2004 r. do dnia 31 grudnia 2006 r. (The report on the
implementation of the national waste management plan in the period between 30 October
2004 and 31 December 2006), Warsaw 2007.
The Ministry of the Environment, Sukces dziaania 2.4. Wsparcie dla przedsiwzi w zakresie dostosowania przedsibiorstw do wymogw ochrony rodowiska w ramach Sektorowego Programu
Operacyjnego Wzrost konkurencyjnoci przedsibiorstw, lata 20042006 (The success of
Measure 2.4: The support for projects aimed at the adjustment of Polish enterprises to the environmental protection requirements under the Sectoral Operational Programme The improvement of the competitiveness of enterprises in 20042006), http://www.ekoportal.pl.
Misig W., Tomalak M., Wpyw wydatkw z funduszy strukturalnych i Funduszu Spjnoci na stan
finansw publicznych w latach 20042007, aktualizacja (The impact of financing from structural funds and the Cohesion Fund on the condition of public finances in 2004- 2007- an
updated version), expert study prepared by the Gdask Institute for Market Economics for
the Ministry of Regional Development, Warsaw 2008.
Narojek M., Polska w UE korzyci w walce z terroryzmem (Poland in the EU the benefits for the
fight with terrorism), a study published on the following web page http://www.terroryzm.
com, August 2008.
The National Bank of Poland, Rozwj systemu finansowego w Polsce w 2005 r.(The development of
financial system in Poland in 2005), Warsaw, November 2006.
568
569
References
The National Bank of Poland, Rozwj systemu finansowego w Polsce w 2005 r. (The development of
financial system in Poland in 2007), Warsaw, November 2008.
The National Bank of Poland, Rozwj systemu finansowego w Polsce w latach 20022003 (The development of financial system in Poland in 2002- 2003), Warsaw, December 2004.
The National Bank of Poland, Zagraniczne inwestycje bezporednie w Polsce w 2003 r. (Foreign
direct investment in Poland in 2003), Warsaw, December 2004.
The National Bank of Poland, (Foreign direct investment in Poland in 2007), Warsaw, January 2009.
Ocena kondycji ekonomicznej sektora przedsibiorstw niefinansowych w 2007 roku w wietle danych
F-01/I-01 (The assessment of the economic condition of the non-finance enterprises in 2007
in the light of data of F-01/I-01), the National Bank of Poland, Warsaw 2008.
Ocena postpw Polski w zakresie spjnoci z Uni Europejsk raport 2007 (The assessment of
Polands progress in achieving cohesion with the European Union a 2007 report), the
Ministry of Regional Development, Warsaw 2007.
Ocena rezultatw Dziaania 2.1 i 2.3 SPO WKP po 18 miesicach. Wyniki po trzech rundach bada
(The assessment of the effects of Measure 2.1 and 2.3 of SOP The increase of competitiveness of enterprises. The results after three rounds of studies), Polish Agency for Enterprise
Development, April, Warsaw 2008.
Oczekiwania Polakw dotyczce cen po wstpieniu Polski do Unii Europejskiej (Poles expectations
towards the prices after Polands accession to the European Union), IPSOS, March 2004.
Oddziaywanie funduszy strukturalnych i Funduszu Spjnoci na gospodark Polski w okresie 2004 I
poowa 2007 (The impact of the structural fund and the Cohesion Funds on Polish economy in
2004 1st half of 2007), the Ministry of Regional Development, Warsaw, February 2008.
Oddziaywanie funduszy strukturalnych i Funduszu Spjnoci na gospodark Polski w okresie 2004
I poowa 2007 r. (The impact of the structural fund and the Cohesion Funds on Polish economy in 2004 1st half of 2007), a presentation, the Ministry of Regional Development,
Warsaw 2008.
Odpowied sekretarza stanu w Ministerstwie Spraw Zagranicznych z upowanienia prezesa Rady
Ministrw na zapytanie nr 1258 w sprawie wysania polskiej misji politycznej do Serbii (The
answer of the Secretary of State of the Ministry of Foreign Affairs- authorised by the Prime
Minister, to the question no. 1258 about sending Polish political mission to Serbia) , Warsaw, 16 April 2008, http://orka2.sejm.gov.pl.
Oglnopolski Kwestionariusz Dbr i Usug (Polish Questionnaire of Goods and Services) Acxiom.
The Organization of Economic Co-operation and Development, Polska. Od transformacji po nowe
wyzwania w sferze regulacji (Poland. From the transformation to new challenges in the regulation area), Warsaw 2002.
Piasecki B., Rogut A., Smallbone D., Wpyw integracji Polski z Unii Europejsk na sektor MSP (The
influence of Polands integration with the European Union on the SME sector), the Polish
569
570
References
Foundation for the Promotion and Development of Small and Medium Enterprises, Warsaw 2000.
Pierwszy rok czonkostwa Polski w Unii Europejskiej w ocenie spoecznej (Public evaluation of the
first year of Polands membership in the European Union), E. Skotnicka-Illasiewicz (ed.),
the Office of the Committee for European Integration, Warsaw 2005.
Pietras J., European Value Addes and EU Budget, the presentation at a conference Reforming the
Budget. Changing the Europe, Brussels, 12 November 2008., slide 4, http://ec.europa.eu.
Pi lat czonkostwa w Unii Europejskiej. Polityka zagraniczna i bezpieczestwa (Five years of Polands membership in the European Union. Foreign policy and safety policy), the study
prepared by the Department of Strategy and Foreign Policy Planning of the Ministry of
Foreign Affairs, 11 February 2009.
Pilecka M., Wsppraca w regionie Morza Batyckiego w wietle bada opinii publicznej (The cooperation in the Baltic Sea region in the light of public opinion polls), Biuletyn Analiz
UKIE, no. 19, Warsaw 2008.
Polish Air Navigation Services Agency, Statystyki ruchu lotniczego w I proczu 2008 r. (The statistics of air traffic in the 1st Q of 2008), http://www.pata.pl.
Polityka zagraniczna i bezpieczestwa Polski w wietle piciu lat czonkostwa w Unii Europejskiej
wymiar globalny i regionalny (Polands foreign and security policy in the light of five
years membership in the European Union global and regional dimension), expert study
prepared by the Polish Institute of International Affairs for the Office of the Committee
for European Integration, Warsaw 2008.
Polska 2008. Raport o stanie handlu zagranicznego (Poland 2008, the Report on the condition of
foreign trade), The Ministry of the Economy, Warsaw 2008, http://www.mg.gov.pl.
Polska. Od transformacji po nowe wyzwania w sferze regulacji (Poland. From the transformation to
new challenges in the regulation area), The Organization of Economic Co-operation and
Development, Warsaw 2002.
Polska w Unii Europejskiej dowiadczenia pierwszego roku czonkostwa (Poland in the European
Union - the experiences of the first year of membership), the Office of the Committee for
European Integration, Warsaw 2005.
Polityka dla przemysu gazu ziemnego (The policy for the natural gas industry), Warsaw, 20 March
2007.
Polityka Rzdu RP dla przemysu naftowego w Polsce (The Policy of the Government of the Republic
of Poland for the Polish petroleum sector), Warsaw, 6 February 2007.
Porozumienie w sprawie Nowej Perspektywy Finansowej, Zacznik II (The Agreement on the
New Financial Perspective, Annex II), http://ue.eu.int.
Prime Minister Donald Tusk at Visegrad Group Summit, Warsaw, 16 June 2008, http://www.premier.gov.pl.
570
571
References
Program dla elektroenergetyki (The Programme for the electricity sector), Warsaw, 2 March 2006.
Program realizacji polityki wacicielskiej Ministra Skarbu Pastwa w odniesieniu do sektora elektroenergetycznego(The implementation scheme of the ownership policy by the Minister of
State Treasury in the electricity sector), Warsaw, 28 January 2003.
Program restrukturyzacji i prywatyzacji Polskiego Grnictwa Naftowego i Gazownictwa S.A., (The
programme of restructuring and privatization of Polskie Grnictwo Naftowe i Gazownictwo
S.A.), Warsaw 5 October 2004.
Program wprowadzania konkurencyjnego rynku gazu ziemnego i harmonogramu jego wdraania
(The introduction scheme of competitive natural gas market and the schedule of its implementation), Warsaw, 27 April 2004.
Przedsibiorczo w Polsce 2004 (Entrepreneurship in Poland in 2004), the Ministry of the Economy and Labour, Warsaw 2004.
Przedsibiorczo w Polsce 2005 (Entrepreneurship in Poland in 2005), the Ministry of the Economy and Labour, Warsaw 2005.
Przedsibiorczo w Polsce (Entrepreneurship in Poland), the Ministry of the Economy, Warsaw 2008.
Culture Contact Point, Program Kultura 2000. Wezwanie do skadania propozycji na rok 2004 (The
programme Culture 2000. Call for proposals for 2004), http://www.kulturpont.hu.
Putting knowledge into practice a broad-based innovation strategy for Europe, COM(2006)502.
Pyciski S., onierski A. (eds.), Raport o stanie sektora maych i rednich przedsibiorstw w Polsce
w latach 20052006 (The report on the condition of the small and medium entrprises sector
in 20052006), Polish Agency for Enterprise Development, Warsaw 2007.
Rachunki kwartalne produktu krajowego brutto w latach 20032007 (Quarterly accounts of gross
national product in 20032007), Central Statistical Office, November 2008, http://www.
stat.gov.pl.
Raport o stanie sektora maych i rednich przedsibiorstw w Polsce w latach 20042005(The report
on the condition of the small and medium entrprises sector in 2004- 2005), Polish Agency
Raport o stanie sektora maych i rednich przedsibiorstw w Polsce w latach 20062007(The report
on the condition of the small and medium entrprises sector in 20052006), Polish Agency
Raport z badania: Instytucje otoczenia biznesu wspierane w ramach Sektorowego Programu Operacyjnego Wzrost konkurencyjnoci przedsibiorstw, lata 20042006: okrelenie wpywu
Programu na ofert usugow oraz poziom jakoci wiadczonych usug (The study report:
Business related institutions receiving support under the Sectoral Operational Programme
The increase of the competitiveness of enterprises, 20042006): the determination of the
impact of the Programme n the range of services and service quality), PSDB, WYG International, Warsaw 2007.
571
572
References
Raport z kontroli wzorcw umownych stosowanych w umowach deweloperskich (Audit report

on model contracts used in construction development), the Office of Competition and
Consumer Protection, 2007.
Raport z socjologicznych bada jakociowych przygotowanych dla Urzdu Komitetu Integracji Europejskiej (The Report on the sociological quality studies prepared for the Office of the Committee of European Integration), Research International, Pentor, under the supervision of
P.T. Kwiatkowski, Warsaw 2004.
Raport z wykonania programu dziaa dostosowujcych polsk gospodark i system prawny do
wymaga Ukadu Europejskiego oraz przyszego czonkostwa Polski w Unii Europejskiej
w latach 19921996 (The report on the implementation of the programme of activities focused on the alignment of Poland and its legal system with Community requirements and to the
future membership in the European Union in 19921996), the Office of the Committee for
European Integration, adopted by the Council of Ministers on 20 May 1997.
Rocznik statystyczny handlu zagranicznego 2008 (The Statistical Yearook of Foreign Trade 2008),
Rozwj Rynku Ryb i zmiany jego funkcjonowania w latach 19902007 (The development of the Fisheries Market and the changes to its operation in 1990- 2007), Institute of Agricultural and
Food Economics, no. 97, Warsaw 2008.
Ruzik A., Wynagrodzenia w ochronie zdrowia (Remuneration in the health protectin sector), Stan
finansw ochrony zdrowia (The state of health protection finances) BRE Bank Fascicles
CASE 2008, no. 97.
Schuler P., Wilys S., The European Human Capital Index: the Challenge of Central and Eastern
Europe, The Lisbon Council Policy Brief, Brussels 2007.
Schwab K., Porter M.E., The Global Competitiveness Report 20082009, World Economic Forum,
Geneva, Switzerland 2008.
Serafin P., Unia Europejska w przededniu wielkich debat (The European Union on the eve of great
debates), Biuletyn Analiz UKIE no. 17, February 2007.
Siemaszko J.A., Udzia Polski w 6. Programie Ramowym (Polands participation in the 6th Framework Programme), Warsaw, December 2007.
Smyk K., Grnicz E., Perspektywa redukcji skadu Komisji Europejskiej kontekst prawny, polityczny,
tryb i konsekwencje (Prospects of reduction in the number of European Commissioner legal and
political context, method and consequences), Biuletyn Analiz UKIE, no. 20, November 2008.
Smyk K., Traktat z Lizbony lub status quo konsekwencje i scenariusze (The Lisbon Treaty or the status quo- consequences and scenarios), Biuletyn Analiz UKIE, no. 20, November 2008.
Spoeczne determinanty przedsibiorczoci innowacyjnej (Social determinants of innovative entrepreneurship), a report prepared for the Polish Agency for Enterprise Development by
Pentor Research International, Warsaw 2007.
572
573
References
Sprawozdanie roczne Rektora Uniwersytetu Warszawskiego za rok 2006 (The annual report of the
Rector of Warsaw University for 2006), Warsaw 2007, Warsaw University, http://www.
uw.edu.pl.
Sprawozdanie roczne Rektora Uniwersytetu Warszawskiego za rok 2007 (The annual report of the
Rector of Warsaw University for 2007),, Warsaw 2008, Warsaw University, http://www.
uw.edu.pl.
Sprawozdanie z dziaalnoci Prezesa URE 2000 r. (The report on the activities of the President of
Energy Regulatory Office 2000), Biuletyn URE, 2001, no. 3.
Energy Regulatory Office 2001), Biuletyn URE 2002, no. 3.
Energy Regulatory Office 2002), Biuletyn URE, 2003 no. 3.
Sprawozdanie z dziaalnoci Prezesa URE 2005 r. (The report on the a.ctivities of the President of
Stan liberalizacji rynku energii elektrycznej w Polsce (The liberation of electricity market in Poland),
the Association of Energy Trading, Warsaw, July 2005.
Stanowiska Polski w ramach negocjacji o czonkostwo RP w UE (Polands positions in the EU accession negotiations), the Chancellery of the Prime Minister, Warsaw, February 2000.
Standardowy Model Kosztowy a obcienia administracyjne w sektorze transportu drogowego (The
Standard Cost Model and the administrative costs in the road transport sector), the Office
of the Committee for European Integration, Warsaw 2006.
Starczewska-Krzysztoszek M., Konkurencyjno sektora MSP 2008 The competitiveness of the SME
sector in 2008), the results of the study by Polish Confederation of Private Employers
Lewiatan, November 2008.
Starczewska-Krzysztoszek M., Ranking najbardziej innowacyjnych firm w Polsce (The ranking of
the most innovative companies in Poland), Warsaw 2008.
Staszyska K., Zadowolenie uczestnikw szkole na temat oceny skutkw regulacji organizowanych
przez Departament Regulacji Gospodarczych Ministerstwa Gospodarki (The satisfaction of
the participants of the trainings on the assessment of regulation effects, organized by the
573
574
References
Department of Economic Regulation of the Ministry of Economy), the Ministry of Economy,

Warsaw 2007.
Statystyki ruchu lotniczego w I proczu 2008 r.(The statistics of air traffic in the 1st half of 2008),
Polish Air Navigation Services Agency, http://www.pata.pl.
Statystyki Urzdu Lotnictwa Cywilnego (The statistics of the Civil Aviation Office), www.ulc.gov.pl.
Straus G., Wolff K., Wierny S., Czytelnictwo, zakup ksiek i wykorzystanie Internetu w Polsce w
2006 r. komunikat z bada (Book reading and purchasing as well as the use of the Internet
in Poland in 2006- a study report), http://www.bn.org.pl.
Syntetyczna informacja o eksporcie i imporcie Polski za 11 m-cy 2008 w mln EUR (Summary Report
on export and import in Poland in 11 month of 2008 in EUR million), the Ministry of Economy, the Department of Studies and Forecasts, Warsaw, January 2009.
Sytuacja w sektorze przedsibiorstw w latach 20032004 w wietle wynikw ankiety rocznej NBP
synteza (The situation in the enterprise sector in 20032004 in the light of the results of
annual survey by the National Bank of Poland- a summary), the National Bank of Poland,
Warsaw 2005.
Szczodrowski J., Price Cap on Roaming: paradise found?, College of Europe (2008).
rodki wasne UE. Podrcznik procedur i struktur administracyjnych (EUs own resources. The guidebook of procedures and administrative structures), The Ministry of Finance, Warsaw,
October 2007.
wieboda P., Niessen Q., Unity in diversity different perspectives, common goals in the enlarged
European Union, a report prepared for the conference From Borders in Space to Borders
in the Mind, Stockholm, 1516 May 2008.
Timesharing wypoczynek wakacyjny, kluby wakacyjne (Timesharing travel holidays, vacation
clubs), the Office of Competition and Consumer Protection, 2004.
United Nations Conference on Trade and Development, World Investment Report, New York, Geneva, 2005, 2008.
University of Oxford, New Student Tuition Fee Rates 2009/10 Undergraduate.
Uwagi o gwnych wyznaniach polskiej polityki zagranicznej, Konserwatorium Dowiadczenie
iPrzyszo (Some comments of the challenges ahead of Polish foreign policy a tutorial
Experience and the future, Report no. 3/ 2007, Warsaw 2007.
Warsaw Stock Exchange, http://www.gpw.pl.
Warunki powstania przedsibiorstw 20022006 (The conditions for enterprise creation in 2002
2006), Central Statistical Office, Warsaw 2008.
Wegrich K., The Administrative Burden Reduction Policy Boom In Europe. Accelerated policy learning, blind copying or bureaucratic politics?
Wojna cenowa przewonikw. Co na to klient? (The price war between the carriers. What do the
customers think of that?) , a report prepared by On Board PR-ECCO Network on the basis
574
575
References
of public opinion polls conducted by PBS DGA in July 2006 on a representative random
sample representing the inhabitants of Poland aged 15 or above, Warsaw, August 2006.
World Bank Group Review of the Dutch Administrative Burden Reduction Program, World
Bank, OECD, November 2006.
World Bank, EU 10 Regular Economic Report, February 2009.
World Economic Forum, The Global Enabling Trade Report 2008, 2008.
Wpyw akcesji Polski do Unii Europejskiej na polski handel zagraniczn (The influence of Polands
accession to the European Union on Polish foreign trade), the Ministry of Economy, Warsaw 2007.
Wpyw akcesji Polski do Unii Europejskiej na sektor maych i rednich przedsibiorstw (The influence of
Polands accession to the European Union on the sector of small and medium enterprises), ed.
by M. Grabowski, the Office of the Committee for European Integration, Warsaw 2003.
Wpyw przystpienia Polski do UE na warunki prowadzenia dziaalnoci gospodarczej (The influence
of Polands accession to the European Union on the conditions of economic activity, Polish
Chamber of Commerce, Warsaw 2005.
Wpyw realizacji SPO WKP lata 20042006 na poziom innowacyjnoci polskich przedsibiorcw(The
influence of the implementation of SOP The increase of the competitiveness of enterprises on
the level of innovativeness of Polish entrepreneur)s, PAG Uniconsult, Warsaw 2008.
Wpyw realizacji SPO WKP lata 20042006 na poziom zatrudnienia w sektorze przedsibiorstw (The
influence of the implementation of SOP The increase of the competitiveness of enterprises
in the level of innovativeness employment in the enterprise sector(, InfoAudit, the European
Consulting Centre, Tyc G., Warsaw 2009.
Wynikiewicz B., Udzia polskich podmiotw w programach ramowych Unii Europejskiej: wnioski
dla przegldu budetu UE (The participation of Polish entities in EU framework programmes: conclusions for the review of the EU budget), Warsaw, December 2007.
Wzornictwo w Polsce dzisiaj. Wzornictwo przemysowe element wzrostu konkurencyjnoci gospodarki (Contemporary design in Poland. Industrial design a factor for the growth of the
competitiveness of the economy), The Association of Designers of Industrial Forms.
Zagraniczne inwestycje bezporednie w Polsce w 2003 r. (Foreign direct investment in Poland in
2003), prepared by the National Bank of Poland, Warsaw, December 2004.
2006), prepared by the National Bank of Poland, Warsaw, January 2008.
Zagraniczne inwestycje bezporednie w Polsce w 2007 r. aneks statystyczny (Foreign direct investment in Poland in 2007- a statistical annex), prepared by the National Bank of Poland,
Warsaw, October 2008 http://nbp.gov.pl.
2007), the National Bank of Poland, Warsaw, October 2008.
575
576
References
Zajczkowski K., The Policy of the European Union towards African, Caribbean and Pacific Countries (ACP). Implications for Poland.
Zaktualizowana lista projektw indywidualnych dla Programu Operacyjnego Infrastruktura i rodowisko (An updated list of individual projects under the Operational Programme Infrastructure and the Environment), February 2009.
Zmiany strukturalne grup podmiotw gospodarki narodowej w 2003 r.(Structural changes to the groups of entities of national economy in 2003) , Central Statistical Office, Warsaw 2004.
Zmiany strukturalne grup podmiotw gospodarki narodowej w 2004 r. (Structural changes to the
groups of entities of national economy in 2004), Central Statistical Office, Warsaw 2005.
Zmiany strukturalne grup podmiotw gospodarki narodowej w 2005 r. Structural changes to the groups of entities of national economy in 2005), Central Statistical Office, Warsaw 2006.
Zmiany strukturalne grup podmiotw gospodarki narodowej w I proczu 2008 r. Structural changes
to the groups of entities of national economy in the 1st half of 2008), Central Statistical Office, Warsaw 2008.
Zwikszanie innowacyjnoci gospodarki w Polsce do 2006 roku (Increasing innovativeness of Polish
economy by 2006).
onierski A. (red.), Innowacyjno 2008 (Innovativeness 2008), a report by the Polish Agency for
Enterprise Development, Warsaw 2008.
4 lata czonkostwa Polski w UE. Bilans kosztw i korzyci spoeczno-gospodarczych (4 years of Polands membership in the EU. The summary of costs and socio-economic benefits), the Office
of the Committee for European Integration, the Department of Studies and Strategies,
Warsaw 2008.
Web pages
http://ec.europa.eu
http://epp.eurostat.ec.europa.eu
http://gcr07.weforum.org
http://www.globalization.kof.ethz.ch
http://www.cbss.st
http://www.ceinet.org
http://www.dziennik.pl
576
577
References
http://www.faz.net
http://www.fedee.com
http://www.gpw.pl
http://www.mg.gov.pl
http://www.nbp.pl
http://www.rp.pl
http://www.sejm.gov.pl
http://www.stat.gov.pl
http://www.udsc.gov.pl
http://www.ulc.gov.pl
http://www.visegradgroup.eu
http://www.wto.org
577
578
List of acronyms
APA
BAEL
BAT
BOM
CAP
CAT
CBOS
CBSS
CB
CCT
CEI
CF
SG
CoR
CPC
CPI
SC
CTP
DEP OP
DNO
EAEC
EAGGF
EAW
EC
EC
ECA
ECB
ECC
578
Agricultural Property Agency

Economic Activity Survey
Best Available Technique
Crime Assets Recovery Agency
Common Agricultural Policy
Anti-Terrorism Centre
Public Opinion Research Centre
Council of the Baltic Sea States
Central Bureau of Investigation
Common Customs Tariff
Central European Initiative
Cohesion Fund
Border Guard
Committee of the Regions
Consumer Protection Cooperation
Consumer Price Index
Customs Service
Common Trade Policy
Operational Programme Development of Eastern Poland
Distribution Network Operator
European Atomic Energy Community
European Agricultural Guidance and Guarantee Fund
European Arrest Warrant
European Commission
European Community
European Court of Auditors
European Central Bank
European Consumer Centre
579
List of acronyms
ECJ
ECOFIN
ECSC
EDF
EDIS
EEA
EEAFM
EEC
EESC
EFC
EFTA
EIB
EP
ERA
ERDF
ESF
ETS
EU
EU-10
EU-12
EU-15
EU-2
EU-27
EU-8
EUR
FDI
FIFG
GCSS
GDDKiA
GDP
GNI
GUS
HC OP
The Court of Justice of the European Communities

Economic and Financial Affairs Council
European Coal and Steel Community
European Development Fund
Extended Decentralised Implementation System
European Economic Area
European Economic Area Financial Mechanism
European Economic Community
European Economic and Social Committee
Economic and Financial Committee
European Free Trade Association
European Investment Bank
European Parliament
The Energy Regulatory Office
European Regional Development Fund
European Social Fund
Emission Trading Scheme
European Union
Cyprus, the Czech Republic, Estonia, Lithuania, Latvia, Malta, Poland, Slovakia, Slovenia, Hungary
Bulgaria, Cyprus, the Czech Republic, Estonia, Lithuania, Latvia, Malta, Poland, Romania, Slovakia, Slovenia, Hungary
Austria, Belgium, Denmark, Finland, France, Greece, Spain, the Netherlands,
Ireland, Germany, Luxembourg, Portugal, Sweden, the United Kingdom, Italy
Bulgaria, Romania
the entire European Union
the Czech Republic, Estonia, Lithuania, Latvia, Poland, Slovakia, Slovenia,
Hungary
Euro
Foreign Direct Investments
Financial Instrument for Fisheries Guidance
Government Centre of Strategic Studies
General Directorate for National Roads and Motorways
Gross Domestic Product
Gross National Income
Central Statistical Office
Operational Programme Human Capital
579
580
List of acronyms
IA
IEA
I&E OP
IE OP
IROP
ISPA
KERM
KPRM
LRA
MARD
MCNH
ME
ME
MF
MFA
NFP
MH
MI
MIA
MJ
MLSP
MND
MNE
MRD
MSHE
MT
NATO
NBP
NDP
NFM
NGO
NPMWWT
NRP
NSRF
OECD
PARP
PFSA
580
Impact Assesment
International Energy Agency
Operational Programme Infrastructure and Environment
Operational Programme Innovative Economy
Integrated Regional Operational Programme
Instrument for Structural Policies for Pre-Accession
European Committee of the Council of Ministers
Chancellery of the Prime Minister
Local and Regional Authorities
Ministry of Agriculture and Rural Development
Ministry of Culture and National Heritage
Ministry of Economy
Ministry of the Environment
Ministry of Finance
Ministry of Foreign Affairs
New Financial Perspectives
Ministry of Health
Ministry of Infrastructure
Ministry of Interior and Administration
Ministry of Justice
Ministry of Labour and Social Policy
Ministry of National Defence
Ministry of National Education
Ministry of Regional Development
Ministry of Science and Higher Education
Ministry of Treasury
North Atlantic Treaty Organisation
National Bank of Poland
National Development Plan
Norwegian Financial Mechanism
Non-Governmental Organisation
National Programme for Municipal Waste Water Treatment
National Reform Plan
National Strategic Reference Framework
Organisation for Economic Co-operation and Development
Polish Agency for Enterprise Development
Polish Financial Supervision Authority
581
List of acronyms
PKPP Lewiatan
PLL
PLN
PPL
PPU
RCL
RDC
RDP
RES
RFCS
RIA
SAPARD
SC
SEZ
SII
SIS
SME
SOP
SOP ICE
Polish Confederation of Private Employers Lewiatan

Polish Airlines
Polish zloty
State Enterprise Polish Airports Porty Lotnicze
Urgent Preliminary Ruling Procedure
Government Legislation Centre
Research and Development Centre
Rural Development Plan
Renewable Energy Sources
Research Fund for Coal and Steel
Regulatory Impact Assessment
Special Accession Programme for Agriculture and Rural Development
Swiss Contribution
Special Economic Zone
Summary Innovation Index
Schengen Information System
Small and Medium Enterprises
Sectoral Operational Programme
Sectoral Operational Programme Improvement of the Competitiveness of Enterprises
SOP T
Sectoral Operational Programme Transport
TEC
Treaty Establishing the European Community
TEN-T
Trans-European Transport Network
TEU
Treaty on European Union
TPA
Third Party Access
The Council
Council of the European Union
TOR
Traditional Own Resources
UDSC
Office for Foreigners
UKE
Office of Electronic Communications
UKIE
The Office of the Committee for European Integration
UOKiK/ OCCP Office for Competition and Consumer Protection
USD
US dollar
UZP
Public Procurement Office
VAT
Value-Added Tax
VG
Visegrad Group
VIS
Visa Information System
WSE
Warsaw Stock Exchange
581
582
List of acronyms
WTO
ZSNR
AT
BE
BG
CY
CZ
DE
DK
EE
EL
ES
FI
FR
HU
IE
IT
LT
LU
LV
MT
NL
PL
PT
RO
SE
SI
SK
UK
582
World Trade Organisation

Automated System of Radar Monitoring of Polish Maritime Areas
Republic of Austria
Kingdom of Belgium
Republic of Bulgaria
Republic of Cyprus
Czech Republic
Federal Republic of Germany
Kingdom of Denmark
Republic of Estonia
Hellenic Republic
Kingdom of Spain
Republic of Finland
French Republic
Republic of Hungary
Ireland
Italian Republic
Republic of Lithuania
Grand Duchy of Luxembourg
Republic of Latvia
Republic of Malta
Kingdom of the Netherlands
Republic of Poland
Portuguese Republic
Romania
Kingdom of Sweden
Republic of Slovenia
Slovak Republic
United Kingdom of Great Britain and Northern Ireland

Five Years of Poland in The European Union PDF

Загружено:

Сведения о документе

Оригинальное название

Авторское право

Доступные форматы

Поделиться этим документом

Поделиться или встроить документ

Параметры публикации

Этот документ был вам полезен?

Это неприемлемый материал?

Авторское право:

Доступные форматы

Five Years of Poland in The European Union PDF

Загружено:

Авторское право:

Доступные форматы

Publisher:

Copyright Warsaw 2009 by the Office of the Committee

The satirical drawing Schabowy z kapusta appears courtesy

The economic dimension of Polands membership in the EU

Agriculture and fisheries

Small and medium-sized enterprises

The social dimension of Polands membership in the EU

Accession to Schengen and internal security

Education and sport

Consumer protection and public health

Social perception of the Polish membership of the EU

The political dimension of Polands membership in the EU

Closing remarks. Would it be easier to endure through the crisis

on the costs of this process, particularly as perceived by entrepreneurs. By referencing

In February 2009, 75% of surveyed Poles supported Poland's membership in the

of the absorbed funding remains relatively low. Nevertheless, it must be stressed

of the outlays borne so far on the harmonisation with the EU environmental

meetings of ministers (and a parallel number of reports from those meetings),

skills acquired by the Polish state administration during the implementation of

The economic dimension

Macroeconomic perspective / Hanna Sroczyska, Patryk Toporowski

Economic growth: fluctuations and underlying factors

* Forecast of DG ECFIN, Interim Forecast, January 2009.

Chart 2. Productivity of labour in Poland in 20002008 vs. EU-15

Source: Own study based on DG ECFIN, AMECO base.

Office of the Committee for European Integration, op.cit., p. 7, 31.

Bank BG, Makrotrendy, no. 2(36), 2008, p. 2.

Net errors and

Office of the Committee for European Integration, op.cit., p. 7, 38.

On the other hand, a significant improvement was recorded in the balance of

Foreign exchange rates

Source: Own study based on NBP, annual reports.

Office of the Committee for European Integration, Bilans, op.cit., p. 35.

Office of the Committee for European Integration, Bilans, op.cit., p. 46.

Value of trade with third countries

Value of trade with Member States

Source: Own study based on Comext and Eurostat.

Table 1. Changes in intra-industry trade in 20002006

Total intra-industry trade,

Vertical (low quality)

Vertical (high quality)

E. Czarny, K. ledziewska, op.cit., p. 24.

Office of the Committee for European Integration, Bilans, op.cit., p. 58.

Excluding energy and food prices

In addition, new rates of indirect taxes (cigarettes, childrens clothing, household

Liquefied Petroleum Gas.

Prosperity and household income

A. onowski, Wpyw, op.cit., p. 24.

Source: Own study based on data provided by Central Statistical Office.

Foreign direct investments in Poland

Chart 11. Total FDI inflows to Poland, 1999200855

FDI inflows to Poland (EUR bn)

Share of FDI inflows to Poland in global FDI inflows (%)

Other Member States

Polands accession to the EU and good results recorded by businesses operating in

Polish financial sector

Assets of financial institutions

Increase in assets of financial institutions (YoY, %)

Number of branches of credit institutions

Total assets of branches of credit institutions

Number of subsidiaries of credit institutions

Total assets of subsidiaries of credit institutions

Source: European Central Bank, EU banking structure, October 2008.

Social perception of the Polish membership of the EU

on-financial effects of Polands membership in the EU on

ommunity funds as a source of co-financing of

Table 4. Economic effects of road infrastructure investments modernization of A-6 motorway,

Table 5. Implementation of accession obligations as regards the adjustment of roads to axle

Table 7. Economic effects of railway infrastructure investments upgrade of Warszawad